Millington

This action was brought by the plaintiff, a corporation, to compel the specific performance of an alleged contract by defendant.to sell and convey certain real property to the plaintiff. Judgment was rendered for defendant, from which, and from an order denying a motion for a new trial, plaintiff appeals.

On November 19, 1892, plaintiff was, and for a long time had been, a corporation organized “for the purpose of buying and selling real estate, and of dealing in the same as an agent or broker upon commission, and also for the purpose of collecting the rentals of real estate as an agent for real estate owners upon commission.” Upon that day defendant executed and gave to plaintiff the written instrument upon which this action is based, and which plaintiff claims can be specifically enforced as a contract by defendant to convey to plaintiff the property described in the instrument. It is as follows:

At the same time the defendant ordered, in writing, his tenants to pay the rents of the property accruing after said November 19th to plaintiff.

Nothing further was done touching the sale of said property before December 10, 1892; and on said last-named day defendant revoked and…