That the plaintiff, Peter Barnhardt, representing or claiming to represent himself and the plaintiff Elizabeth Barnhardt, in order to induce the said defendants to make the exchange of lands set forth in said declaration, did wilfully and falsely represent and claim to the said defendants:

1. That the said lands of the plaintiffs in Allen County, Indiana, described in said declaration, as aforesaid, were well located and were dry lands of excellent soil and in an excellent condition of cultivation and that the buildings thereon were in excellent condition.

2. That the said lands were well worth in cash the sum of thirty-five hundred ($3500.00) dollars, and

3. That they were subject to a mortgage of fifteen hundred ($1500.00) dollars only, upon which all accrued interest was paid, and that there was no other mortgage or further claim or lien upon or against the said lands for taxes, interest, or any other things, over and above the said mortgage for fifteen hundred ($1500.00) dollars.

That the defendants, believing the said presentations of the plaintiff to be true, were induced thereby to enter into a contract for the exchange of said properties or for the purchase by them of the said lands of the plaintiffs and the sale by them to the plaintiffs of the said lands, then belonging to the said defendants in Manistee County, Michigan, described in the said declaration.

That the said statements of the plaintiffs so made to the defendants were false and fraudulent, as the plaintiffs well knew, in that the said lands of the plaintiffs were not well located, were not dry lands, were not excellent soil, were not in a good condition of cultivation, and the buildings thereon were not in excellent condition.

That the said lands were not worth in cash the sum of thirty-five hundred ($3500.00) dollars, and were not worth in cash at that time more than twenty-eight hundred ($2800.00) dollars and were not worth to the said defendants more than twenty-five hundred ($2500.00) dollars.

That the said lands were in truth and in fact subject to one mortgage of of fifteen hundred ($1500.00) dollars and some accrued interest thereon; to a second mortgage of three hundred ($300.00) dollars and accrued interest thereon to the amount of fifty-one and 31/100 ($51.31) dollars and to a lien for taxes to the extent of about forty ($40.00) dollars.

That the defendants, believing the said statements and representations of the plaintiffs to be true, did at the City of Manistee, Michigan, authorize one John W. Long, who was then and there present, to make and execute a land contract for and in behalf of the defendants to the plaintiffs for the sale of the said lands of the defendants to the plaintiffs, upon receiving from the plaintiff, a good and sufficient warranty conveying to the said Adolph Kann for the defendants the said lands of the plaintiffs, and to allow the said plaintiffs the said sum of thirty-five hundred ($3500.00) dollars for their said lands less the amount of the mortgage upon the same for fifteen hundred ($1500.00) dollars, as represented by the plaintiffs.

That on, to-wit, the 20th day of April, the said John W. Long, acting for the said defendants, as aforesaid, and the plaintiffs did make and execute a land contract in the following words and figures:

This agreement entered into by and between A. Kann & Co., of Manistee, Michigan, as party of the first part and Elizabeth Earnhardt and Peter Barnhardt of Monroeville, Ind., as party of the second part.

Witnesseth: That the party of the first part has this day bargained and sold and hereby agrees to convey to party of the second part by good and sufficient warranty deed, signed by the member or members of this firm, holding the record title thereto, their wives joining in said deed, the following described real estate in Manistee County. State of Michigan:

S. E. 1/2 of S. E. 1/2 of S. W. 1/4, and the S. W. 1/4 of S. E. 1/4 of Sec. 25-24-16.

It is hereby agreed that said party of the second part is to pay to said party of the first part as purchase price of said real estate, the sum of six thousand ($6000.00) dollars, payable as follows: Twenty hun-dren cash and four thousand payable in five years from March 1, 1915, at 6 per cent. interest from date.

The crops growing on the premises are reserved, and the conveyance shall be made subject to the present tenant's rights under lease.

Possession to be given on or before March 1, 1915, deed to be made and abstract delivered at Monroeville, R. No. 4, on or before October 1, 1914.

It is mutually agreed, by and between the parties hereto that the time of performance shall be the essence of this contract and in case of the failure of the party of the second part to carry out the stipulation and agreements upon his part to be performed at the time and in the manner hereinafter stated, then this contract shall become null and void at the option of said first party, and all sums paid hereunder by the party of the second part on the contract shall be by him forfeited and such payments shall be retained by said first party in full satisfaction and in liquidation of all damages by him sustained; or specific performance of this contract may be demanded at the option of the first party.

The party of the first part shall furnish an abstract of title which shall, after examination, be returned to it and held by it until all notes are paid. Should such an abstract not show good title in fee simple according to the laws of the states where said land is situated, then first party agrees within reasonable time to make such abstract show such title, either by creditable affidavits or when necessary by suit, all at its own expense. This contract contains all the agreements between the parties hereto.

Received on this contract, the sum of two thousand dollars ($2000.00) this 20th day of April, 1914.

A. Kann & Co., Per Jno. W. Long.