In fact, this court holds that the legal title is not in plaintiff. As laid down in Malone v. Kugel, 281 Mich. 351, 275 N.W. 169; White Showers, Inc. v. Fischer, 278 Mich. 32, 270 N.W. 205; and Kachanowski v. Cohen, 305 Mich. 438, 9 N.W.2d 667, where a lease or a deed is delivered upon condition or the happening of some contingency it may be shown that such condition or contingency never came into existence. In our opinion the Nemeths merely made an offer to plaintiff which plaintiff was not bound to accept.

" The controlling authorities are those from which Mr. Justice REID has quoted, viz., Chicago Boulevard Land Co. v. Apartment Garages, 245 Mich. 448, and Balesh v. Alcott, 257 Mich. 352. See, also, Stevens v. Most, 251 Mich. 23; Dedmon v. Sarkesion, 252 Mich. 613; Picard v. Shapero, 255 Mich. 699; Trombley v. Koestlin, 266 Mich. 357; Malone v. Kugel, 281 Mich. 351; Weider v. Rogman, 285 Mich. 539. The basic rule was early expressed in Goodspeed v. Dean, 12 Mich. 352, where the Court said:

Moreover, a careful review of the defendant's proofs is far from convincing that she sustained the burden of proving the oral agreement as claimed. The defense was not established to bring the case within Malone v. Kugel, 281 Mich. 351, and the cases there cited. The court below, on trial without jury, entered judgment of no cause of action.