Gutosky

This is an action for declaratory relief wherein the plaintiff sought recovery of an acre of land which he claimed the county agreed to give him in return for *767 the construction and transfer to it of a street or, in the alternative, the construction expenses so incurred and the value of the land occupied by the street. The case was tried upon a purported stipulated set of facts presented to the court by counsel in the course of and as a part of their respective arguments. Following this presentation the court made findings of fact from which it appears that in 1951 the plaintiff conveyed to the defendant county, as a condition to the approval of two tract maps, an acre of land to be used as a drainage basin; in 1956 he made a request to the office of the county surveyor and road commissioner that this land be reconveyed to him; shortly thereafter he received a letter signed by an assistant road commissioner which stated, among other things, that if the plaintiff would construct a 180-foot street according to county standards, and deed a right-of-way for this street to the county, the previously conveyed acre of land “would not be needed and would be quit claimed”; in reliance…