Polhemus

— The only ground of the defendant’s motion for a new trial is that the letters and telegrams in evidence do not constitute a written contract for the sale of the lands. We agree with the court below in holding that those letters and telegrams do contain all the requisites of a valid contract of sale. The tracts of land and the prices are sufficiently specified. The law implies that the deed or deeds are to be executed and the money paid in a reasonable time if the parties agreed, the one to sell and the other to purchase the lands at the prices mentioned. In the letter of June 26, 1868, the defendant says that he would accept the plaintiff’s offer for the ranchos if he knew they were not rented — that he 1 ‘ did not wish to get into any trouble by selling, and then having a lessee claiming rights.” The plaintiff telegraphed July 21, 1868: “Will take ranchos subject to lease. Your coming here not necessary. Will forward deed for signature to Nevada, arranging payment there on delivery of deed. Will this be satisfactory. Answer.” On the 27th of August, 1868, the defendant answered: ‘I have been loath to sell those ranchos in Monterey, and hence have been negligent in answering you…