Foster

—This is an action for the specific performance of a parol contract to convey land.

Among other facts, the court found: “ Defendant verbally sold the land described in the complaint to plaintiff for two hundred dollars, which sum plaintiff then and there paid to defendant.

“ That then and there defendant agreed to execute and deliver to plaintiff a deed thereto, and plaintiff immediately took possession of said land, with the knowledge and consent of defendant, and made valuable improvements thereon.”

After a careful examination of the evidence in this case, we are satisfied that it does-not support the foregoing findings.

In the case of Blum v. Robertson, 24 Cal. 142 , this court said: “It is a rule well settled that a party who claims a right to a conveyance of land under a parol or verbal contract upon the ground of part performance must make out by clear and satisfactory proof the existence of the contract alleged by him; and it is not enough that the acts of part performance proved are evidence of some agreement, but they must be unequivocal and satisfactory evidence of the particular agreement charged in the complaint.”

The terras of the contract in this case, under any…