Windsor

The defendants appeal from an order denying their motion for a new trial.

The action was to enforce specific performance of an option to purchase, given in a lease from defendants to plaintiff, of a certain 85.45 acres of land.

The complaint alleges-that on July 6, 1891, plaintiff owned a certain three hundred and ninety acres of land in Monterey county; that defendants had a mortgage on said land to secure an indebtedness of plaintiff to them of twenty thousand eight hundred and ninety-eight dollars and seventy-one cents; that on *493 said date plaintiff executed to defendants a deed of said land; that the consideration of said deed was, among other things, the satisfaction of said mortgage and the debt secured thereby, together with the execution by defendants of a written lease of 85.45 acres, part of the said three hundred and ninety acre tract, to plaintiff for the term of his natural life at an annual rental of five hundred and ten dollars, and an option to purchase the same or any part thereof; that defendants on July 8, 1891, made to plaintiff said lease as agreed with option to purchase; that on April 4, 1895, plaintiff tendered defendants two thousand four hundred and…