[2] Defendant's argument that the complaint fails to state a cause of action for specific performance is based on the assertion that plaintiff failed to plead and prove that there was an adequate consideration for the contract and that it was just and reasonable as to defendant. Citing such cases as Makay v. Whitaker, 116 Cal.App.2d 504, 509 [ 253 P.2d 1021]; Mendiondo v. Greitman, 93 Cal.App.2d 765, 767 [ 209 P.2d 817]; Mayer v. Beondo, 83 Cal.App.2d 665, 667, 668 [ 189 P.2d 327, 190 P.2d 23]; Eischoltz v. Nicoll, 66 Cal.App.2d 67, 69-70 [ 151 P.2d 664]; Haidopoulos v. Woolett, 5 Cal.App.2d 229, 232-234 [ 42 P.2d 1056]. However, there is an exception to the rule stated where an agreed upon consideration has been accepted.
When he fails to do so, no such relief can be granted. ( Mayer v. Beondo, 83 Cal.App.2d 665 [ 189 P.2d 327]; Windsor v. Miner, 124 Cal. 492 [57 P. 386]; Salisbury v. Yawger, 184 Cal. 783 [ 195 P. 682]; Caspar Lumber Co. v. Stowell, 37 Cal.App.2d 58 [ 98 P.2d 744]; Haidopoulos v. Woollett, 5 Cal.App.2d 229 [ 42 P.2d 1056].) The attempted appeal from the order denying the motion for a new trial is dismissed.