Martin

This action was brought to enforce the specific performance of an alleged contract to sell and convey certain real property. The court below gave judgment for the defendant, and the plaintiff appeals.

The record shows that on the ninth day of September, 1887, the defendant executed and delivered to plaintiff a paper by which he agreed to sell and convey the property in question for the sum of five thousand dollars, one half payable on delivery of deed, and the balance one year *43 thereafter, with interest at the rate of eight per cent per annum, the “contract” to be “valid till November 1, 1887, and thereafter till revoked in writing.”

The court found that the paper was executed as above stated; that no consideration whatever ever passed from the plaintiff to the defendant therefor, and that it was a mere proposal or offer to sell. It then further found, “that thereafter, and on or about the fifteenth day of September, 1887, and before the plaintiff had in any way accepted said offer, or agreed to accept the same, the defendant went to the plaintiff and requested the return of said offer, and. asked to be released therefrom, and verbally withdrew the same.”

It is claimed by…