(concurring specially).
I am of the firm opinion, for reasons which, because of the urgency of getting the opinion out, I do not take time to set down, that plaintiff’s complaint did not state a cause of action. I concur, however, not in the opinion but in the reversal of the judgment for disposition on the merits on a trial, summary or otherwise.
This is, of course, not to say that, if plaintiff proves the matters alleged by her, she would be entitled to specific performance of the claimed option. I think she would not. It is to say only that an appeal to equity of the nature of that ,,, , n , ,. asserted here should ordinarily be disposed of on the facts rather than on the pleadings. Cf. Black v. First Nat. Bank, 5 Cir, 255 F.2d 373.