Fairbanks

By a contract in writing of date February 10, 1897, the plaintiffs agreed to sell and convey to defendant a “good and sufficient water right” for the irrigation of a parcel of land containing four and twenty-two hundredths acres, the same to be sufficient to furnish water to the amount of at least one-seventh of an inch, measured under four-inch pressure to each acre or fraction thereof in said parcel of land; in consideration whereof defendant agreed to execute to plaintiffs his promissory note for the sum of $500, and to pay the same when plaintiffs should tender to him a conveyance of said water right. He made to plaintiffs his note accordingly, and this is an action to enforce payment thereof. In his answer, the defendant pleaded said contract, and averred that the only offer of plaintiffs to perform the same *100 consisted in the tender to him of five so-called “Class A Water Certificates” issued by the Bear Valley Land and Water Company, a corporation, together with the tender of a right of way through a certain pipe-line reaching his land, for the conveyance of the water “represented by said water certificates.” The form of said certificates was set forth in the answer.…