Meux

The plaintiff brought this action to enforce the specific performance of a contract to purchase from him certain lots of land in the city of Fresno.

The court below gave judgment for the defendant, from which the plaintiff has appealed, and has brought the case here on a bill of exceptions.

The principal question in the case is, whether an enforceable contract was made between the parties for the sale and purchase of the lots.

The material facts of the case, as shown by the record, are as follows: The plaintiff was residing in San Francisco, and was the owner of the lots; and prior to April 10, 1888, he had verbally authorized Rader & Bear, who were real estate agents at Fresno, to sell them. .

On the day of its date, the defendant executed and delivered to Rader & Bear a paper reading as follows: —

On the same day, the agents wrote to plaintiff, but did not send him a copy of the contract, nor does it appear that he ever saw the contract or a copy of it. The letter is as follows: —

To this letter plaintiff replied, but the reply was not produced and put in evidence. Rader could only testify, as to its contents, that it “amounted to just a confirmation of the sale as it was…