In witness whereof, the said parties have hereunto set their hands this 20th day of April, 1914.

(Signed) Peter Barnhardt, (Signed) Elizabeth Barnhardt, (Signed) A. Kann & Co., Per Jno. W. Long.

That the said John W. Long, by mistake, did not describe the lands of the defendant correctly in said contract, they being correctly described in the declaration of the plaintiffs.

That said mistake in describing the said lands, was mutual between the said Long and the plaintiffs, and the defendants on the hearing of this cause, will ask the said court, on the chancery side thereof, to correct the said mutual mistake and said contract by correcting and writing therein the correct description of said lands, as the same are described in said declaration.

That the defendants were induced to authorize the making of said land contract, solely through and by reason of the false and fraudulent representations aforesaid, by which they were misled and deceived, as aforesaid.

Whereby, the defendants were damaged and injured in large sums of money, namely:

which amount with interest the defendants will recoup against the plaintiffs and will demand judgment against the plaintiff therefor, or that the same be set off against any claim the plaintiff may prove upon the trial of this cause against the defendants, and that judgment be rendered and entered in favor of the defendants and against the plaintiffs for the balance thereof.

Please take further notice that upon the trial of this cause the defendants will, under the general issue above pleaded, give in evidence, and insist that the plaintiffs, on the first day of January, 1917, were and now are, indebted to the defendants for moneys had and received by the plaintiffs to and for the use of the defendants in the sum of eight hundred ($800.00) dollars.

And in a like sum for moneys loaned by the defendants to the plaintiffs, at their request.

And in a like sum for moneys before then paid by the defendants to and for the use of the plaintiffs at their request.

And in a like sum for goods, wares and merchandise before then sold by the defendants to the plaintiffs, at their request; which said indebtedness is represented as follows:

with interest as provided in said notes and by law, all of which the defendants will set off against any claim the plaintiffs may establish against them on the trial of this cause and will demand judgment against the plaintiffs for the balance thereof.

Please take further notice: That upon the trial of said cause the defendants will give in evidence and insist upon the general issue above pleaded, that the plaintiffs in this cause, if they ever had any claim, whatsoever, against the defendants on account of the matters alleged in the said declaration, they, the said defendants, have waived the same by acquiescing in the said dealings and said contracts or agreements for a period of nearly three years without any objection whatever to the defendants, or any demands for the rescission of said contracts or agreements of for compensation for any loss or damage, now in said declaration claimed by them, which is and was the first notice of any kind received by the defendants from the plaintiffs of any dissatisfaction on their part or of any loss or damage suffered by them or of any claimed false or fraudulent representations made to them by any person concerning the lands, they, the said plaintiffs agreed to purchase in and by the said land contract.

That in the meantime and during all the period since the execution of said land contract, the said plaintiffs, being in possession of said lands and having full knowledge of all matters alleged in said declaration, have dealt with the said defendants in matters concerning the said lands and in other matters relating thereto, in a manner wholly inconsistent with the claims made in said declaration against the defendants, whereby, the said plaintiffs have wholly waived the said claims, if any such claims ever existed, and are now wholly estopped in law from asserting said claims, or either or any of them, against the defendants, in this or any other action at law or in chancery.

Please take further notice, that upon the trial of this cause, under the plea of the general issue above pleaded, the defendants will give in evidence and insist that the plaintiffs have not such interest in the lands, so agreed to be purchased by them from the defendants, as entitles them to maintain this action, inasmuch as the defendants have received from the lands conveyed by the plaintiffs to them, the full value thereof, which in excess of the two mortgages upon said lands, as aforesaid was ten hundred and seventy ($1070.00) dollars, said lands being worth much less than was represented by the plaintiffs as hereinabove stated, and the said plaintiffs have, since said agreement was made, borrowd, had and received from the defendants the sum of six hundred and nineteen and 49/100 ($619.49) dollars as aforesaid, and have had and enjoyed the use and occupation of the said lands, they agreed to purchase from the defendants as aforesaid, and have had other benefits and advantages worth in all more than the entire interest of the plaintiffs in said lands for all of which moneys, use and occupation, benefits and advantages, the defendants have no security whatsoever, and in addition thereto, the said plaintiffs have borrowed, had and received from the defendants, the further sum of three hundred and seventy-five ($375.00) dollars for the payment of which the defendants hold partial security under chattel mortgage.

Wherefore, the said plaintiffs have no money or property interest whatever in said lands and premises, and do not have, hold and maintain such an interest in said lands as will entitle or authorize them to maintain this suit as aforesaid.