XI. Answering the plaintiffs' eleventh paragraph of their bill of complaint, the defendants say they neither deny nor admit the facts set forth therein, except this, that there is no sum due the defendants and therefore the defendants say that the bill of complaint of said plaintiffs should be dismissed with the defendants' costs to be taxed.

Cross Bill.-

(1) That on or about the 10th day of May, 1919, he, said defendant T. Williard Ready, purchased of and from F. S. Claflin and Ella M. Claflin, situated in the City of Niles, Berrien County, Michigan, and described as:

Lot twenty-five (25) of East Lacey's Addition to the City of Niles and Lot twenty-four (24) except the east two (2) feet thereof, E. Lacey's Addition to the City of Niles, according to the recorder's plat thereof, with the privileges and appurtenances thereunto belonging, also the following personal property: all the furniture, carpets, pictures and frames, plated ware, utensils of every name and nature and all personal property then situated in said hotel, except certain personal property reserved by J. S. Johnson and Sallie Johnson and that upon his purchase of said property he received and had delivered to him by the said F. S. Claflin and Ella M. Claflin a warranty deed of said property, which deed is recorded in the office of the register of deeds for Berrien County, Michigan, to which record defendant refers for greater certainty and offers to prove when requested, and that the defendant, T. Williard Ready, thereupon became the owner of said property, subject only to the interest of Francis J. Birney and Timothy A. Birney under a certain contract, dated the 23rd day of November, 1914, a copy of which contract is set forth in the third paragraph of the plaintiffs' bill of complaint and to which the defendant refers. That on the 10th day of May, 1919, the plaintiffs, Francis J. Birney and Timothy A. Birney, had no interest in said contract, having prior to that time sold and conveyed all of their respective interests therein unto the said T. Williard Ready.

(2) Defendant, T. Williard Ready, further says that during the months of May and June, 1917, there was a concerted action in the City of Niles toward the building of a new hotel, and the demands for a new hotel became great and insistent. That the hotel as conducted by the plaintiffs, who were then in possession of the property described herein and referred to in the plaintiffs' bill of complaint, were conducting a hotel, and said hotel as conducted by the plaintiffs was not sufficient for the needs of the City of Niles and the public, and the said property, as conducted by the plaintiff, depreciated in value, and it was represented to the defendant, T. Williard Ready, by the plaintiffs, that they were about to lose their interest in the hotel property because they were unable to make the hotel pay financially. That, thereafter, and thereupon, on, to-wit the 7th day of June, 1917, the defendant, T. Williard Ready, went to the hotel building on the premises hereinbefore described and occupied by the plaintiffs and asked what they were going to do to better the hotel conditions in Niles. That the plaintiffs thereupon replied to the defendant that they would sell out their interest if they got their price. That thereupon plaintiffs agreed to sell the property hereinbefore described and referred to in the second paragraph of plaintiff's bill of complaint and the defendant agreed to purchase the said property and it was thereupon agreed that the purchase price of said property would be and was fifteen thousand two hundred dollars ($15,200), and out of the said $15,200 the interest and equity of F. S. Claflin and Ella C. Claflin under the contract hereinbefore referred to was to be paid. That said equity at said time amounted to approximately twelve thousand dollars ($12,000) and that said equity was payable at the rate of $500 per year and interest; that the balance or difference between the equity of the said Claflins and the said sum of Fifteen thousand two hundred dollars ($15,200) was to be paid in cash by the said defendant, T. Williard Ready, to the said plaintiffs and thereupon the plaintiffs were to assign and did assign all of their right, title and interest in the said contract hereinbefore referred to, to the said defendant, T. Williard Ready. That after the said agreement had been so entered into by the parties, the plaintiffs upon the one part and T. Williard Ready upon the other part, the said agreement was reduced to writing and one copy thereof was retained by the plaintiffs and deposited in the safe at the hotel building on the premises above described and one copy thereof was delivered to the defendant T. Wil-

Hard Ready. That said copy was signed by the plaintiffs and by the defendant, T. Williard Ready.

That in said agreement so signed by the plaintiffs and by the defendant, T. Williard Ready, the said plaintiffs agreed to sell and the defendant agreed to buy the premises above described and particularly referred to in plaintiffs' bill of complaint, and the plaintiffs did therein sell, assign, transfer and convey by proper words of assignment and conveyance all of their right, title and interest in and to the said premises and in and to the contract set forth and referred to in the third paragraph of plaintiffs' bill of complaint and did herein and thereby agree that they would accept and did accept the sum of Fifteen thousand two hundred dollars ($15,200) for said interest, and out of such sum they would pay, satisfy, discharge the interest of the said F. S. Claflin and Ella M. Claflin in said contract, and thereupon the defendant, T. Williard Ready, agreed to pay and the said plaintiffs agreed to accept as a payment upon said contract the sum of Fifteen thousand two hundred dollars ($15,200) for their interest and the interest of the said Claflins and afterwards and on the 23rd day of January, 1918, the defendant, T. Williard Ready, paid the plaintiff Five hundred dollars ($500) and thereafter and on the 20th day of November, 1918, the defendant, T. Williard Ready, paid the plaintiffs to apply on said contract the sum of One Thousand Dollars and on divers times between the third day of June, 1917, and the first day of January, 1919, the defendant, T. Williard Ready, paid to the plaintiffs several sums of money paying and satisfying all the interest of the plaintiffs in and to said property and in to said contract, in all making a total of $4,125.31 paid by the defendant, T. Williard Ready, to the plaintiffs. That the defendant, T. Williard Ready, paid to F. S. Claflin and Ella M. Claflin $11,074.69, which, together with the amount paid the plaintiffs, equals the sum of $15,200, the purchase price agreed upon. That immediately following the entering into of said written agreement by the said plaintiffs and the said defendant a request was made upon F. S. Claflin and Ella M. Claflin that they consent to the assignment of the contract from the said plaintiffs to the said defendant. That the said F. S. Claflin refused to consent to the said agreement in writing when requested; but that afterwards and by his conveyance of his interest and all of the interest of said F. S. Claflin and Ella M. Claflin to the said defendant, the consent to the said assignment from the plaintiffs to the defendant, T. Williard Ready, became and was unnecessary and the said deed constituted a consent in writing upon the part of the said F. S. Claflin and Ella M. Claflin. Defendant further shows that since the making, executing and delivering of the said contract so signed and executed between the defendant, T. Williard Ready, and the said plaintiffs assigning to the said defendant and conveying to him all of the interest of the said plaintiffs in said property he, the said defendant, has lost the said contract and although he has made diligent search among his papers and effects he has been unable to find the said contract and he has requested the said plaintiffs to produce their contract, and he does hereby request and demand that the plaintiffs produce said contract existing between them and that when produced the said contract be made a part of this cross-bill and in the event that said contract is not produced that parol testimony be received as to the contents.