Continued.

BIRNEY v. READY, 216 Mich., page 7-

(a) Statement of Fact.

(b) Bill of Complaint.

(c) Answer and Cross-Bill.

(d) Brief for Plaintiff.

(e) Brief for Defendant.

(f) Holding of the Court. LYLE v. MUNSON, 213 Mich. 250-

(a) Brief Statement of Fact.

(b) Bill of Complaint.

(c) Answer of Defendant.

(d) Exhibit "A".

(e) Intervenors' Bill of Complaint.

(f) Answer to Intervenors' Bill of Complaint.

(g) Opinion of the Court, (h) Decree of the Court.

(i) Authorities Cited by Plaintiff-Brief for Plaintiff, (j) Authorities Cited by Defendant-Brief for Defendant. BIRNEY v. READY, 216 Mich., page 7-

(a) Statement of Fact.-The plaintiff in this case filed a Bill of Complaint praying for specific performance of a certain contract. Defendants filed an answer and cross-bill setting forth that they had purchased the property from the feeholder and also from the plaintiff and prayed to be decreed sole owners. A decree was granted in the lower court to the defendant. The plaintiffs appealed. This appeal was affirmed by the Supreme Court.

(b) Bill of Complaint.- (Caption.)-Comes now, Francis J. Birney and Timothy A. Birney and respectfully represent unto the court:

I. That they are each of the age of twenty-one years and upwards, citizens of the United States of America and residents of the County of Berrien, State of Michigan.

II. That heretofore, to-wit, on the 23rd day of November, 1914, these plaintiffs and F. S. Claflin and Ella M. Claflin, husband and wife, made and entered into a certain agreement and contract in writing for the sale by the said F. S. Claflin and Ella M. Claflin to these plaintiffs of that certain piece or parcel of land situate in the City of Niles, County of Berrien and State of Michigan, and described as follows, to-wit:

Lot twenty-five of E. Lacey's Addition to the City of Niles and lot twenty-four, except the East two feet thereof of E. Lacey's Addition to the City of Niles, according to the recorded plat thereof, with the privileges and appurtenances thereunto belonging; also, the following personal property: All the furniture, carpets, pictures and frames, plated ware and utensils of every name and nature and all personal property then situate in said hotel, except certain personal property reserved by J. S. Johnson and Sallie Johnson.

III. That said contract is in words and figures as follows:

Exhibit I.-"Articles of Agreement, made and concluded this 23rd day of November, in the year 1914, between F. S. Claflin and Ella M. Claflin, husband and wife, parties of the first part, and Francis J. Birney and Timothy A. Birney, parties of the second part,

Witnesseth, that the said parties of the first part for their heirs, executors, administrators, in consideration of the money to be paid and the covenants as herein expressed to be performed by the said parties of the second part, hereby agree to sell and convey to the said second parties all the following described land situated in the City of Niles, County of Berrien and State of Michigan, and described as follows, to-wit:

Lot twenty-five (25) of E. Lacey's Addition to the City of Niles and lot twenty-four (24), except the east two (2) feet of Lacey's Addition to the City of Niles, according to the recorded plat thereof, with the privileges and appurtenances thereunto belonging;

And the said parties of the first part in consideration of the money to be paid and the covenants to be performed by the said second party hereby agree to sell to the said second party all the furniture, carpets, pictures and frames, plated ware and utensils of every name and nature and also all personal property now situated and being in said hotel except the personal property reserved by J. S. Johnson and Sallie Johnson in an agreement this day entered into with said first parties and to which reference is hereby made, for a description of the goods and chattels reserved.

And the said parties of the second part for themselves, their heirs, executors, administrators and assigns in consideration of the premises hereby agree to purchase said land and personal property and to pay as the purchase money therefor to the said parties of the first part, their executors, administrators or assigns, the sum of thirteen thousand four hundred fifty-two dollars and sixty-five cents ($13,452.65), and all unpaid taxes which have been assessed against said real and personal property since July 12, 1912, and all insurance premiums which have been paid by said first parties since July 12, 1912, said payments to be made as follows:

On or before December first, 1914, said second parties are to pay all unpaid taxes and the premiums paid by said first parties for insurance since July 12, 1912, and are also to pay the costs and interest on the costs of foreclosing a mortgage given by George Benson and wife to said first parties on July 12, 1912. The payment of the above taxes, insurance premiums and foreclosure costs to be the first payment on this contract.

The second payment Is to be made on or before November 23, 1915, and is to be in the sum of five hundred dollars ($500).

And said second parties further agree to pay the sum of five hundred dollars ($500) on the 23rd day of November of each and every succeeding year until the full purchase price is paid.

And said second parties also agree to pay interest at the rate of six per cent per annum to be paid each and every month on the whole sum from time to time remaining unpaid.

And said parties of the second part have the privilege of paying one hundred dollars ($100) or more on this contract at any time.

And also that said second parties will well and faithfully in due season pay or cause to be paid all taxes and assessments ordinary and extraordinary for any purpose whatever that shall be taxed or assessed upon said lands and appurtenances and said personal property including the taxes for the year 1914.