Said party of the second part further covenents that he will not assign nor transfer this lease, or sub-let said premises, or any part thereof, without the written assent of said party of the first part.

And also, that said party of the second part will at his own expense, during the continuance of this lease keep the said premises and every part thereof in as good repair, and at the expiration of the term, yield and deliver up the same in like condition as when taken, reasonable use, and wear thereof and damage by the elements excepted.

And the said party of the first part does covenant that the said party of the second part, on paying the aforesaid installments and performing all the covenants aforesaid, shall and may peacefully and quietly have, hold, and enjoy the said demised premises for the terms aforesaid.

The covenants, conditions and agreements made and entered into by the several parties hereto, are declared binding on their respective heirs, representatives and assigns.

Witness: Our hands and seals this 7th day of April, 1919.

W. C. MUNSON, L. S. WILLIAM LYLE, L. S. Signed, sealed and delivered in presence of james e. Mcdonald.

(e) Intervenors' Bill of Complaint.-(Caption). James C. Harris, John Y. Wickes and William J. Wickes, Jr., as intervenors in the above entitled cause, respectfully show:

1. That William C. Munson did by written instrument dated the 7th day of April, A. D. 1919, contract to convey to one William Lyle, certain land situated in the Township of Buena Vista, County of Saginaw, and State of Michigan, a copy of which contract was annexed to the bill of complaint of William Lyle, plaintiff in the above entitled cause, reference to which is hereby made.

2. That said interveners are informed and believe and therefore charge the fact to be that the said William Lyle entered into possession of said premises on, to-wit: March 1st, 1919, by and under an oral agreement with said William C. Munson and which said oral agreement was thereafter reduced to writing as hereinbefore set forth. That said William Lyle by and under said agreements aforesaid has been in the continuous, open, notorious and undisputed possession of said premises from and since the said, to-wit, March 1st, 1919, until the present time and is now in possession thereof.

3. That said intervenors entered into an agreement among themselves for the purchase of a portion of the property covered by said contract of April 7th, A. D. 1919.

4. That in conformance with said agreement and relying upon the contract made and executed the 7th day of April, A. D. 1919, between the said William C. Munson and the said William Lyle, and upon the continuous and undisputed possession of said William Lyle as aforesaid, said intervenor, James C. Harris, did on, to-wit, the 20th day of June, A. D. 1919, enter into a written contract with the said William Lyle for the purchase of a portion of the land covered by said contract of April 7th, A. D. 1919, a copy of which written contract between the said William Lyle and the said James C. Harris is hereto annexed, and made a part hereof.

5. That in conformance with the previous agreement between them said intervenor, James C. Harris, did on, to-wit, the 21st day of June, A. D. 1919, enter into a written contract with the said John Y. Wickes and William J. Wickes, Jr., whereby he did assign and grant to each an undivided one-third interest in and to the aforesaid contract with the said William Lyle, a copy of which is hereto annexed and made a part hereof and reference to which is herewith made.

6. That said intervenors are informed and believe and therefore charge the fact to be that on, to-wit, the 5th day of June, A. D. 1919, the said William Lyle did notify the said William C. Munson that he desired to buy the above described property in conformance with the contract between them dated April 7th, A. D. 1919.

7. That said intervenors are further informed and believe and therefore charge the fact to be that the said William Lyle did on, to-wit, the 30th day of July, A. D. 1919, tender to the said William C. Munson the sum of thirty-five hundred ($3500.00) dollars, lawful money of the "United States of America, as the full amount of the purchase price according to said contract of April 7th, A. D. 1919, and did at the same time tender to the said William C. Munson, a warranty deed, a copy of which is

143] annexed to the bill of complaint of said William Lyle, plaintiff in the above entitled cause and reference to which is herewith made, and did request the said William C. Munson then and there to execute the said deed and convey the said property to the said William Lyle and that the said William C. Munson did then and there refuse, without cause or reason, to execute the said deed or to accept the money so tendered to him as aforesaid and that the said William Lyle has always been and still is ready, willing, and able to perform the said agreement on his part, and pay the sum of thirty-five hundred ($3500.00) dollars on receipt of a deed properly executed by the said William C. Munson to him of the said premises.

8. That said interveners are informed and believe and therefore charge the fact to be that the said William Lyle has repeatedly and at divers times requested the said William Munson to perform his part of the said agreement of April 7th, A. D. 1919, and to convey to him the land therein described, and that the said William C. Munson, although well able to perform his part of the agreement of April 7th, A. D. 1919, has refused and still refuses on divers frivolous pretexts so to do.

9. That because of the proximity to the city of the property described in said contract of April 7th, A. D. 1919, by and between the said William C. Munson and the said William Lyle and because of the platting into lots of property in its immediate vicinity, and because of much proposed building nearby, some of which has already been started, and because also of the great and increasing demand for lots there, the value of the said property has greatly increased and it is worth today far in excess of thirty-five hundred ($3500.00) dollars.