VII. That in addition to making the payments aforesaid these plaintiffs paid the interest monthly while the Claflins were the owners of said lands and thereafter paid the interest monthly to the said Ready.

VIII. That on January 26, 1920, these plaintiffs tendered to the said Ready the amount then due on a contract, to-wit, the sum of eleven thousand five hundred twelve dollars and seventy-two cents ($11,512.72), that therefore these plaintiffs tendered the said Ready Twelve thousand dollars and twelve dollars and seventy-two cents ($12,012.72), being the said sum of five hundred dollars tendered in November, 1919, and the amount tendered January 26, 1920. That the same was tendered in lawful money of the United States of America, to him, the said Ready, and he was then and there requested to receive the same and receipt therefor.

IX. That on the same day this plaintiff presented to the said Ready a draft of a deed of conveyance of said land in fee simple to this plaintiff and a bill of sale of the personal property and then and there requested the said Ready to execute the same and to deliver the same when executed to these plaintiffs, but so to do the said Ready then and there absolutely refused, although he was then and there well able to convey said personal property, and said lands to these plaintiffs, and although the amount tendered and offered by these plaintiffs to him was ample and sufficient to pay and satisfy the full amount due and owing on said contract, that the said Ready absolutely refused to comply with plaintiffs' request and refused to receive or accept the said money so tendered and offered to him as aforesaid, although making no claim that the same was insufficient in amount and absolutely then and there refused to make conveyance or any conveyance whatsoever and since said time the said Ready has refused and still refuses to accept said money and make the conveyance as aforesaid as in equity and good conscience he should.

X. Plaintiffs further show that in equity they are entitled to have said conveyance made upon payment to the owner of said lands of the amount due on said contract. That the said Ready as they verily believe purchased said land from the said Claflin with the intent and purpose of depriving these plaintiffs of their rights in said contract because of the fact that property In the City of Niles was rapidly advancing in value and they say that this property to-day is worth $25,000.

XI. Plaintiffs further show as heretofore set forth that they tendered the full sum due on said contract and they here again offer the same to the defendant and now here advise the court that they are ready and willing to pay the same to the said defendant and that they have now and will hereafter keep the same in readiness to pay the same to said defendant or to such other person or persons as the court 6hall direct, either now or at any other time up to and including the disposition thereof by this court.

XII. Wherefore, plaintiffs pray:

(1) That the defendant, T. Williard Ready, may without oath, his answer under oath being hereby expressly waived, answer the allegations of this Bill of Complaint.

(2) That the said defendant, T. Williard Ready and Grace M. Ready, his wife, who is made a party defendant to this bill of complaint solely and only because of the fact that she is his wife, may be decreed to specifically perform said contract and to convey to those plaintiffs by a good and sufficient deed title to said land and by a good and sufficient bill of sale, title to the personal property.

(3) That the said defendant, T. Williard Ready, may come to an account with the plaintiffs touching the amount due and owing on said contract. These plaintiffs, as before indicated, being ready and willing and hereby offer to pay the whole amount due on said contract.

(4) That upon such payment the said T. Williard Ready be ordered, directed and decreed by this court to make the conveyance aforesaid.

(5) That upon the making of the payment aforesaid that the plaintiffs be decreed to be the owners of the land described in said contract and the whole thereof in fee simple and of the personal property and of the whole thereof and that the said T. Williard Ready be decreed to be divested of all right, title and interest therein, and that the plaintiffs have leave to cause such decree to be recorded in the office of the Register of Deeds aforesaid.

(6) And that the plaintiffs may have such other and such further relief in the premises as shall be agreeable to equity and good conscience.

(7) And plaintiffs will ever pray.

Edwin J. Donahue, attorney for Francis J. Birney, plaintiffs, Niles, Michigan. Timothy A. Birney.

Thos. J. Cavanaugh, Paw Paw, Mich.,

Of Counsel. (Verification.)

(c) Answer and Cross-Bill.-(Caption.)

Come now the above named defendants and for answer to plaintiffs' Bill of Complaint say:

I. The defendants admit the first paragraph of plaintiffs' bill of complaint.

II. The defendants admit the second paragraph of plaintiffs' bill of complaint.

III. The defendants admit the third paragraph of plaintiffs' bill of complaint.

IV. The defendants deny the fourth paragraph of plaintiffs' bill of complaint and in answer thereto say that the payments of May 10, 1915, and March 23, 1916, amounting to One Thousand dollars, were made by the plaintiffs but that payments, commencing June 11, 1917, and up to the present time, paid on said contract, were made, if made at all, by the plaintiffs acting for and in behalf of the defendants and that the defendants, T. Williard Ready and Grace Ready, advanced the money to make said payments by reason of their ownership of all of the plaintiffs' interest in the contract set forth in the third paragraph of plaintiffs' bill of complaint, and that the payments of $500 and $54.54 and $445.46 made on June 11, 1917, and the payment of $500 on Jan. 27, 1918, were in fact the payments of the defendants.