
    William S. Bird versus Richard Richardson.
    Assumpsit on the following memorandum, viz. “ It is agreed that B is to have the refusal of a certain farm situated See. which was bought by me for the sum of 1940 dollars upon his complying with certain conditions from the first day of April next which conditions the aforesaid B has complied with.” Held, that this was a valid contract, and that it expressed the price of the land to be conveyed.
    Assumpsit. The declaration alleged, that the defendant, by his memorandum in writing, promised to convey to the plaintiff a certain farm for the sum of 1940 dollars, and averred a breach.
    At the trial, before Wilde J., the plaintiff, in support of his claim, offered in evidence the following memorandum, “ Boston, January 4, 1827. It is agreed and understood that William S. Bird is to have the refusal of a certain farm situated in Ashby commonly called the Waters farm which farm was bought by me for the sum of 1940 dollars upon his complying with certain conditions from the first day of April next which conditions the aforesaid William S. Bird has complied with Richard Richardson.”
    The defendant objected to the admission of this evidence as not supporting the declaration, and contended that the memorandum did not prove that the defendant agreed to convey the farm to the plaintiff for the sum of 1940 dollars, but only that he bought it for that sum. This objection was sustained by the judge, and a nonsuit was ordered. Whereupon the plaintiff moved for a new trial.
    
      June 13th.
    
    
      June 27th.
    
    
      S. D. Ward, for the plaintiff.
    Peabody, for the defendant.
   Per Curiam.

The parties intended to make a contract, and we must look to their probable meaning. We think that the written contract set forth is valid, and that it expresses the price to be paid for the land to be conveyed.

JVeto trial granted. 
      
       See Atwood v. Cobb, 16 Pick. 227.
     