In consideration of the premises, plaintiff Bignell prays that defendant Franks' cross-bill be dismissed and he have decree for the amount due him on foreclosure of the contract in this suit admitted by defendant Franks.

Jamies Bignell,

Plaintiff, By Chas. E. Soule,

His Attorney.

(e) Decree.-At a session of said court held at the court house in the City of Grand Haven on the 15th day of April, 1919.

Present: Hon. Orien S. Cross, Circuit Judge.

This cause came on to be heard on pleadings and proofs taken in open court. The court heard the proofs and after mature deliberation thereof, filed written findings March 26, 1919, of which the following is a copy:

"The bill of complaint was filed in this cause to foreclose a land contract. Issue was joined and proofs taken in open court.

From the testimony it appears that defendant Franks had contracted to purchase 26 lots in the City of Grand Haven, that being unable to furnish the purchase price for the same, all the lots were conveyed to the plaintiff and in consideration of the plaintiff furnishing the purchase price, it was agreed that the defendant Franks should have twelve lots upon which was situate a greenhouse, for the sum of $2,800.00, less a deduction of $100.00 upon the making of certain improvements, and the plaintiff should have six lots upon which was situated a residence, for $2,000.00, and the balance of the lots were to be sold and after paying the plaintiff the balance of the purchase price, the expenses and 10 per cent. on the money invested, the profits were to be applied in payment of the purchase price of the twelve lots taken by defendant Franks.

Defendant Franks made payments from time to time until he considered he had fully paid the purchase price, when this suit was insti-ted by the plaintiff. The plaintiff claims that he never agreed to apply the profits of the sale of the eighteen lots in payment of the purchase price of the twelve lots purchased by the defendant.

The proofs show that the agreement was as claimed by the defendant Franks, and that after allowing the plaintiff the balance of the purchase price due him, his expenses and commissions, that the defendant had paid all of the purchase price of the twelve lots to the plaintiff except the sum of $110.00, which sum the defendant Franks will be required to pay to the plaintiff within thirty days from the signing of the decree herein, and in default thereof the decree may provide for the foreclosure of the contract on the property now held by the defendant Franks.

The plaintiff will recover costs.

A decree may be prepared for signature in accordance with these findings."

Therefore, on motion of Charles E. Soule, plaintiff's attorney, it is ordered, adjudged and decreed that defendant James A. Franks, within thirty days from the signing and entry of this decree pay to plaintiff Jamies Bignell or to his attorney herein, said sum of one hundred ten dollars ($110.00), together with said plaintiff's costs of this suit to be taxed, and interest thereon at six per cent. per year until paid; and that in default of such payment the land described in the land contract being foreclosed in this suit, and hereinafter described, be sold by a commission of this court after giving the notice required by law for like sales on foreclosure of mortgages to satisfy said amount due plaintiff and said costs; that at such sale any party to this suit may become the purchaser; that the commissioner making such sale make deed to the purchaser or purchasers thereat and report to the court of his proceedings thereof as in other like sales; that such sale be subject to due confirmation as other like sales; that the purchaser or purchasers at such sale after confirmation thereof, be let into possession by the writ of assistance of the court; and that by such sale and confirmation these of all the title and right of defendant, James A. Franks, and all persons holding and to hold under him, at the time of making the contract being foreclosed herein, and of all defendants in this suit, pass to the purchaser or purchasers at such sales and all defendants herein be forever foreclosed of all interest therein.

The land to be sold at such foreclosure sale is situated in the City of Grand Haven in said Ottawa county, and is described in said land contract being foreclosed and in the pleadings herein substantially as follows:

"Part of the northwest quarter of southeast quarter of southwest quarter of section twenty-one, town eight north, range sixteen west, in Grand Haven city, commencing on north line of Washington avenue, 183 feet east from southwest corner thereof; thence north to south line of Columbus avenue when extended east; thence east on said south line of Columbus avenue, extended 444 feet, thence south 132 feet; thence west parallel with south line of Columbus avenue, extended, 300 feet; thence south 132 feet to north line of Washington avenue, and west on said line to place of beginning."

It is further ordered, adjudged and decreed that plaintiff do have and recover from defendant, James A. Franks, his costs of this suit to be taxed, and that he have execution therefor, or that the same be recovered by sale of the land on foreclosure as above set forth.

Orien S. Cross,

Circuit Judge. Charles E. Soule,

Plaintiff's Attorney. Countersigned and entered by me. Orrie J. Sluiter, Clerk.

(f) Authorities Cited by Plaintiff. Brief for Plaintiff.-It is the contention of the plaintiff that the contract set up in plaintiff's bill of complaint is the only agreement entered into with defendant, and that as defendant has not paid the entire balance due, a decree should be entered allowing the plaintiff the amount conceded to be due. It is the contention of defendant that plaintiff was to sell the lots and account to the defendant for the proceeds.

1. Parol testimony is not admissible to vary the terms of a written contract. Greenleaf, par. 275.