It is also agreed, by the parties hereto that if the said parties of the second part shall fail to perform this contract or any part of the same, the said party of the first part shall, immediately after such failure, have the right to declare this contract void, and to retain whatever may have been paid hereon, and all improvements that may have been made on said land, as stipulated damages for nonperformance of this contract, and may consider and treat said parties of the second part as his tenants holding over without permission, and may take immediate possession of said land, and remove said parties of the second part therefrom.

And it is agreed, that the stipulations herein contained are to apply to and bind the heirs, executors, administrators and assigns of the respective parties hereto.

In witness whereof, the parties hereto have hereunto set their hands and seals, the day and year first above mentioned.

Signed, sealed and delivered in presence of Eugine Ethier. Louis Belanger.

Louis LaBranche, (Seal)

Celestine Boissonneault, (Seal) Elginas Boissonneault. (Seal)

On this twenty-sixth day of November in the year nineteen hundred and thirteen, before me, the subscriber, a justice of the peace in and for said county, personally came Louis LaBranche, Clestine Boisson-neault and Elginas Boissonneault, to me known to be the persons named in and who executed the within instrument as vendors, and each acknowledged that he executed the same as his free act and deed for the purposes therein mentioned.

Louis Belanger,

Justice of the Peace.

(d) Amendments to Bill of Complaint.-(Caption.) Now comes the above named plaintiff and for amendments to his bill of complaint to meet the proofs presented at the hearing of said cause, and to present to the court matters arising subsequent to the filing of said bill, further alleges:

First. As an additional sentence to paragraph numbered four of the bill of complaint heretofore filed in said cause, the following:

That the plaintiff and the said Celestine and Elginas Boissonneault were partners with the plaintiff and fiduciary relations existed between the parties in all things pertaining to the carrying on of said joint enterprise relative to said lands.

Second. For and as an additional allegation to paragraph numbered five of the said bill of complaint heretofore filed in said cause, the following:

That is was mutually intended and understood by and between the parties that said Exhibit "A" merely stand as evidence of the fact that the said Celestine and Elginas Boissonneault had paid seven thousand dollars as and for their share of the purchase price of said lands and further so that the said Celestine and Elginas Boissonneault would have a writing that they might refer to in order to thereafter know and be kept informed as to the details of the land contract heretofore executed by John Gasman to the plaintiff. That said Exhibit "A" was executed by the plaintiff and delivered to the said Celestine and Elginas Boissonneault because and in reliance upon the fiduciary relations existing by and between the plaintiff and the said Boissonneaults concerning said joint and partnership enterprise, and it was at all times mutually reserved and understood that the plaintiff had an undivided half interest in the purchase of said lands for which said half interest the plaintiff was to pay the remaining payments to be made as evidenced by the said contract executed by John Gasman to the plaintiff. That it was mutually intended by the execution of said Exhibit "A" that the Boissonneaults have a lien upon all of said land for moneys advanced by them to the end that when such partnership logging operations cease between the parties the said Boissonneaults, for the said moneys paid by them, be given the proper indenture showing them to be owners of one-half of said lands, and to the end that the said Boissonneaults have a lien on the whole contract for the purchase of said lands until the plaintiff paid John Gasman the remaining sum due him thereon. That it was never intended that the said Celestine and Elginas Boissonneault were contract purchasers of anything more than an undivided one-half of said lands.

Third. For and to stand in lieu and place of paragraph numbered ten of the said bill of complaint heretofore filed in said cause, the following:

That the said defendant, Menazip Perron, at all times well knew of the relationship and rights existing between the plaintiff and said Celestine and Elginas Boissonneault concerning said lands said contract of the plaintiff to the Boissonneaults.

Fourth. For an additional paragraph to said bill of complaint and to present matters arising subsequent to the filing of said bill of complaint, the following:

(a) That the plaintiff has paid to said John Gasman all the purchase price of said lands pursuant to said contract and has received from the said John Gasman and his wife, as grantors, to the plaintiff as grantee, a warranty deed, conveying said lands to the plaintiff, which deed is dated...................., is duly witnessed and acknowledged and entitled to record in the office of the Register of Deeds, which deed the plaintiff is ready to produce as the court may direct.

(b) That subsequent to the 26th day of August, 1918, the defendant Menazip Perron has gone into possession of said lands and has cut and removed a large quantity of timber therefrom, has logged upon and cut timber thereon during all the winter of 1919 and is still engaged in cutting and removing timber therefrom, and declines and refuses to account to the plaintiff for any share thereof.

(c) That plaintiff has applied to the said Menazip Parron for a division and partition of said lands and the said Menazip Perron declines and refuses to come to any agreement in reference thereto.

Wherefore, the plaintiff, being without remedy in the premises except in a court of equity, further prays: