Appeal from the District Court of the Tenth Judicial District, County of Yuba.

The plaintiff filed his bill, September 22d, 1855, for a specific performance, against C. Covillaud and others, on a contract to convey to him certain lots in the city of Marysville. The contract sets forth the payment of $325, and the receipt of plaintiff’s note for $325, “payable at four months’ daté,” and is dated February 18th, 1850. Since the execution of the contract, certain of the defendants have become interested, as tenants in common, in the land by purchase and inheritance without notice of the existence of the contract.

The evidence shows that about the maturity of the note, viz: about June 21st, 1850, Swezy, one of the defendants, tendered to plaintiff a deed executed in compliance with the contract by all the parties contracting therefor, and demanded payment of the note, which was refused, which tender, demand, and refusal were repeated some four or six weeks later; that some time in the winter next ensuing, the plaintiff declared to Swezy that he was “broken” and would have to give up the contract; that on August 16th, 1853, the plaintiff tendered to Ramirez, one of the defendants, the amount of said note and interest, and demanded a deed for the land, and that Ramirez refused to receive the money or to give the deed; that on the same day the plaintiff made the same tender to the defendant Covillaud, who received the money and gave a receipt therefor, adding these words; “ And said Pearis is therefore entitled to the deed of the above lots, and to a return of his note.”

It was proved that Covillaud and the parties interested in the land in 1850, had executed the original contract as “ Covillaud & Co.,” a co-partnership then existing; but that said partnership had been dissolved in 1850 or early in 1851, and due notice given thereof, and that several of the defendants had never been members thereof. There being a dispute as to whether the note given by plaintiff was a four months’ “sight” or “date,” the original contract of defendants, which recites the giving of the note, was, by consent, submitted to this Court.

The Court below entered a decree in favor of the plaintiff against the defendant Covillaud, and dismissing the bill as to the other defendants. Plaintiff appealed.