Franks had not a dollar invested, he bought the entire property from Mrs. Coburn for $6,000.00, had not paid the interest which had accrued for $473.64. He secured the right in the deal to buy the twelve lots and the valuable greenhouses for $2,700.00. He had made good and paid the $2,700.00 down to $750.00 and his interest to April 10, 1918.

He has sold one of the twelve lots with the greenhouse property for $1,000.00 to defendant Van Doorn and has eleven lots left of like situation and value. He was bankrupt and would have been closed out, April 1, 1907, by Mrs. Coburn's notice to quit if Bignell had not paid her and saved him. With but a promoter's equity and no investment under Mrs. Coburn's contract, but with Bignell's investment, he has acquired the valuable greenhouse property and twelve lots at a cost of but $2,700.00 and interest (and he has had the ues of the property eleven years), and the greenhouse property is now worth $10,000.00 or more. Bignell has made but $1,108.50 for his risk and work. Franks has made $7,000.00 or more without risk, and with but the investment of his payments to Bignell on the contract.

Bignell's equities in the deal to have his little profit are superior to Franks' to take his profit from him.

Bignell denies paragraph two except as embodied in the above.

III. Answering paragraph three, Bignell admits he has credited Franks' $100.00 on the contract being foreclosed for building new greenhouse; admits his statement as to the several items in the statement, again says the statement was not his account with Franks but with his property bought from Franks; denies he offered Franks $100.00 "to call the deal square" or had any talk with him about it; says Franks never made any claim for anything from him except at one time soon after he gave Franks the statement, Franks said to him he ought to divide with him, that Franks afterwards employed Mr. Fair as his attorney, who examined into his case and told Franks in Mr. Burns' presence he had no case, and told Mr. Soule the same, and Franks then, April 25, 1911, paid through Mr. Farr the amount due on the contract, and continued all his payments thereon until April 10, 1918, and never in any manner made any claim that Bignell owed him until since this suit was commenced. He admits that no claim of Franks, if any, that Bignell owed him has ever been allowed on the contract, and says all the payments made on the contract were by checks from Franks to Bignell sent by Mr. Soule for Bignell, except the payment by Mr. Farr, April 25, 1911.

Bignell again says that if he owed Franks anything as he now claims, he owed it to him when Mr. Farr paid on the contract, and the same has now become barred by the statute of limitations.

IV. Answering paragraph four, Bignell denies the statement quoted from his bill of complaint to foreclose the contract is an admission of his indebtedness to Franks; he repeats the same here as a statement that Franks made like claims as now when Mr. Farr was his attorney, which he abandoned when Farr made the payment for him on the contract, and if such claims, if ever of any validity, have become barred by the statute.

He denies Franks has ever made any claims of money due him from Bignell as to stating amounts and why due him, and he has never known what Franks claimed when Mr. Farr was his attorney, except as stated in this cause.

He admits the quoted statement from his bill as to his willingness to convey the lot sold to Van Doorn to him and the balance to Franks on payment of the amount due him on the contract. He is willing to do so now.

He admits his statement to do equity as stated in his bill as therein stated, viz., that he would insist on forfeiture of his contract with Franks but would claim only that the court adjudicate his lien on the land for the amount unpaid thereon, which he here again repeats, but he denies that such statement made any admission of the outlawed and untrue claim of Franks that there was any other contract between them by which he owed Franks any money, which he here again denies.

He denies that Franks did not more than six years ago abandon and give up all claim against Bignell under Mr. Farr's advice and go on with the payments on the contract, which claims are untrue, and if true, are barred by the statute of limitations and cannot now be asserted.

He denies all of paragraph four not embodied in this answer thereto.

V. Answering paragraph five, he denies that no settlement ever was made between him and Franks, and says that the contract between them being foreclosed in this suit was a complete and final settlement of all their deal concerning the property deeded to him by Franks and was so stated and declared by each of them when made, that it was made in writing signed by both of them and contained all the deal remaining between them; that the memorandum made previously was embodied in it entirely, and Frank's effort in this cause to prove by parol some other and different matter not contained in that contract is attempting to contradict and vary the written agreement contrary to law.

He again assets that Franks gave up and abandoned his pretended claim of a different deal with Bignell under Mr. Farr's advice, more than six years ago and cannot now asset it. if true, which it is not. He denies Franks did not give up and abandon his pretended claim more than six years ago.

He admits the description to the land conveyed him by Franks is set up in his answer before, and asserts that the greenhouse property is part of the same, being the equilavent of three 50 by 132 foot lota fronting on Washington avenue and ten like lots fronting on Columbus avenue extended across the entire ten acres.

He admits he paid Mrs. Coburn $6,473.63 for a deed of the entire property to Franks after Franks had given his warranty deed to him, and says he afterwards paid out $1,302.90, including interest on his money, for taxes, survey, building sidewalks and the like in expenses to get the property in shape to sell the lots, as before stated, and as set forth in his statement of his account with the property, not with Franks, heretofore referred to.