9. And it is further agreed, that this is a duplicate contract, and that no assignment, sale, pledge or transfer of this contract shall be of any validity or force whatever, or in any manner binding upon said first party unless such assignment, sale, pledge or transfer be made on the copy hereof in the hands of said first party and said first party first consent in writing upon the copy hereof in the hands of said second party to such assignment, sale, pledge or transfer.

10. Second party is not to cut any standing timber, unless dead, until one-half of the purchase price is paid, at which time he may, if he desires, take a warranty deed, with abstract showing title clear to that date, and give a mortgage back for balance at payments of three hundred dollars or more, with interest at 6 per cent., payable March 4th, of each year thereafter; interest to be on full amount then remaining unpaid at the time of each payment.

In witness whereof, the parties hereto have hereunto set their hands and seals, the day and year first above written.

Andy Peklo. (I* S.)

In presence of

Anthony C. Bykowski.

In consideration of one dollar and other valuable consideration to him in hand paid, I hereby sell, assign, transfer and set over to Anthony Rekla, all my right, title and interest in and to the within contract, and hereby guarantee to said Andy Peklo, his heirs and assigns, payment of the within contract in accordance with the terms thereof.

Dated 8th day of April, A. D. 1916.

Andrew Peklo (L. S.)

Witnesseth by

F. H. Addison.

Know all men by these presents, that Andrew Peklo, a single man, party of the first part, for and in consideration of the sum of one dollar and other valuable considerations lawful money of the United States of America, to him in hand paid by John Grochala and Zofia Grochala, his wife, parties of the second part, the receipt whereof is hereby acknowledged, have sold, assigned and transferred, and hereby does sell, assign and transfer to the said parties of the second part, all the right, title, and interest of the said party of the first part in and to a certain real estate contract, dated the 4th day of March, in the year one thousand nine hundred and fourteen made by John Karp, of

Casco, St. Clair County, Mich., to Andy Peklo and by said Andy Peklo duly assigned to Anthony Peklo and conveying the west half of the east half of the northwest quarter of section four, in town north of range fifteen east, containing 40 acres more or less.

Signed, sealed and delivered the 16th day of May, A. D. 1917.

State of Michigan, County of Wayne, ss.

For value received, we, the undersigned, hereby sell, assign and transfer all our right and title in and to the land contract described herein to Teofil Banski, of Detroit, Michigan. Dated June 20, 1917.

John Grochala, Zofia Grochala. In presence of

Frank J. Hirt. (d) Defendant's Answer.

STATE OF MICHIGAN

In the Circuit Court for the County of Wayne

In Chancery

Teofil Banski and

Apolonia Banski,

Plaintiffs,'

Anthony Michalski,

Defendant.)

No. 60046

1. In answer to paragraph one of said bill of complaint, this defendant, although having no personal knowledge upon the subject, is informed and believes and therefore admits that the said plaintiffs purchased the property described in said paragraph one, upon the date therein alleged, and also admits that although contrary to the legal rights of the defendant herein, that the said plaintiffs are still in possession of said premises.

In answer to the remainder of said paragraph one, this defendant admits that the said land contract and assignment thereof is recorded in Liber 11666, at page 355 of Deeds in the office of the Register of Deeds for said Wayne County. That the purchase price of said property was $4,500, and that the said plaintiffs have paid the sum of $1,850 upon said property. This defendant, however, denies that the said property is of the value of $5,200, but on the contrary avers that same is worth approximately $3,000.

2. In answer to paragraph two of said bill of complaint, this defendant avers that during the month of June, 1917, that he purchased and was the owner of the property described in said paragraph two, and admits that he advised the said plaintiffs of that fact during certain interviews with them in the said month of June, which said interviews were brought about by certain real estate men, who were endeavoring to effect an exchange of the said defendant's farm property for the said plaintiff's property referred to in paragraph one hereof.

This defendant, however, denies that he proposed an exchange of said properties of the parties hereto, but in that connection avers that said exchange was brought about by said real estate men, with whom the said plaintiffs had listed their property for the purpose of obtaining an exchange thereof for any desirable farm property.

In answer to the remainder of said paragraph two, this defendant positively denies that the said plaintiffs had no knowledge of the quality of said farm soil or its adaptability for farming purpose, but on the contrary, avers that before becoming acquainted with the said plaintiffs or having any interviews with them regarding said farm, that the said plaintiffs, in company with certain real estate men, had visited said farm, carefully examined the same, and decided to effect a purchase thereof If possible.

3. In answer to paragraph three of said bill of complaint, this defendant denies that he ever informed the said plaintiffs that said farm property was formerly or at any time owned by his father, or that his father had ever been the purchaser thereof. This defendant admits, however, that during the said month of June there was a mortgage upon said farm property in the amount of $2,000 which is still undischarged, but this defendant denies that he had made any representation whatever regarding the richness or fertility of said farm soil or regarding its adaptability for raising crops, although this defendant avers that the soil on the said farm is of good quality and well adapted for general farming purposes.