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Cline (D) owned a tract of land. D wrote a letter to Caldwell (P) in which D proposed to pay P $6,000 in cash and to deed P his land on Indian Creek in exchange for P’s land known as McKinsey farm. The letter gave P eight days in which to accept or reject the offer. The letter was sent on January 29, 1929. P got the letter on February 2, 1929. On February 8, 1929, P wired D that the land deal is made, prepare the deed, see letter. The telegram arrived on February 9, 1929. D refused to honor the deal. P sued for specific performance. D demurred to the bill. The demurred was sustained, and P appealed.

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