Roffinella

This is an action to compel specific performance of an alleged agreement for the execution of a lease by the defendants to the plaintiff of certain ranch property. The controversy involves the question of whether or not an oral agreement, claimed to have been partially executed, for a lease of the entire premises was entered into 'between the plaintiff and the defendants' or whether the negotiations of the plaintiff and the defendants constituted no more than a mere offer, by the defendants, to lease to the plaintiff only a portion of the premises in controversy, which offer, it is claimed, was never accepted by the plaintiff.

Upon the trial of the case the court below found against the contention of the plaintiff that an agreement had been entered into. The findings of the trial court are in effect that the plaintiff and defendants did not enter into a verbal agreement as set forth in plaintiff’s complaint nor into any agreement at all, but, on the contrary, that the result of the negotiations between the plaintiff and the defendants was that “about November 1, 1919, Cesare Roffinella verbally offered to lease to plaintiff, for a period of five years, at an annual rental of…

The appellant’s petition for a rehearing is based upon the contention that there is no foundation for the award of one thousand dollars’ damages. His argument is that he deposited nineteen hundred dollars with a bank in the name of the respondent; that this covered the full rental value of the property, and the additional judgment for one thousand dollars was, therefore, erroneous. It is sufficient to say that the nineteen hundred dollars having been conditionally tendered and deposited does not belong to the respondents, but remains the property of the appellant. The one thousand dollars thus included in the judgment was for the rental value of the premises. This, we may say, is the view taken by the respondents in their answer to the petition for a rehearing.

Petition for a rehearing is denied.