(Address and Introduction.)

1. That on or about the....................day of...................., 19......, this plaintiff and A. B. entered into a certain contract in writing for the sale by the said A. B. to plaintiff of that certain piece or parcel of land, situate in (describe the land), upon the following terms, and conditions: (Here set forth the essential terms of the contract, especially the provisions of the contract which have been violated by the defendant), a true copy of which contract is hereto attached, marked Exhibit "A" and made a part hereof.

2. And that this plaintiff has in all respects carried out his part of the said contract and has made payments on the said purchase money therein mentioned and the interest thereon as follows: (State payments and time of each), and that on the

....................day of...................., 19......, there was owing on the said agreement by this plaintiff to the said A. B. for principal and interest the sum of....................dollars and no more, and that on the last mentoned day at....................in the County of denied right to foreclose; contract rescinded and defendants decreed the money they had paid thereon.

Where time of payment is made the essence of the contract, specific performance was denied the vendee, who had taken no steps until five months after having received notice of termination of the agreement to extend time for payment to remove certain restrictions. Tatton v. Bryant, 198-515.

Specific performance will be denied in favor of a purchaser where he is a clever and financially irresponsible promoter and so framed the contract that it permits of delays in payment, and the sellers are ignorant foreign people and purchaser does not come in equity with clean hands. Lake Erie Land Co. v. Chilinski, 197-215.

Where plaintiff refused to accept a form of contract in accord with a previous memorandum of agreement entered into with the defendant and allowed the defendant to sell to another person, plaintiff was not entitled to specific performance. Ickler v. Mullen, 196-617.

Specific performance will be denied where the legal and equitable rights of the real parties in interest would be disregarded, in enforcing a parol agreement of the trustee to convey on the tender of the agreed purchase price Canton v Irvine, 194-165.

Specific performance will not be granted where the court can not, on both sides, enforce the contract in all its material parts. Bi-lansky v. Hogan, 190-463.

...................., in this state, this plaintiff tendered and offered to the said A. B. personally the said sum of....................dollars in lawful money of the United States, and then and there requested the said A. B. to receive and accept the same in payment of the amount due on the said contract and agreement.

3. And this plaintiff then and there had and presented to the said A. B. the draft of a deed of conveyance of the said land in fee simple to plaintiff and then and there requested the said A. B. to execute the same and to deliver the same when executed to this plaintiff, but so to do the said A. B. although then well able to convey the said land to this plaintiff and to give this plaintiff a good title thereto, and although the amount so tendered and offered by this plaintiff to him was ample and sufficient to pay and satisfy the full amount due and owing to him on the said agreement, the said A. B. then and there absolutely refused to comply with this plaintiff's said reasonable request, and absolutely refused to receive or accept the said money so tendered and offered to him as aforesaid on the said agreement, although making no claim that the same was insufficient in amount, and absolutely refused to make or execute the said deed of conveyance, or any deed of conveyance whatever, of the said land to this plaintiff, and the said A. B. has ever since that time continually refused and still does refuse to accept or receive the said money and to convey the said land to this plaintiff in any manner, as in equity and good conscience he ought to have done.

1. Wherefore, plaintiff prays:

(If answer under oath is desired so state.) If not specifically requested will be deemed waived.

2. And that said A. B. may be decreed to specifically perform his part of the said agreement, this plaintiff being ready and willing, and hereby offering to specifically perform the same upon his part.

3. And that the said A. B. may come to an account with this plaintiff touching the amount due and owing by this plaintiff to him, the said A. B., on the said agreement, this plaintiff being ready and willing and hereby offering to pay him the full amount that shall be found due to him on such an accounting, and this plaintiff asks leave to pay and deposit the same with the register of this court for the said A. B., to be paid to him according to the order and direction of this court.

4. And that, upon such payment to the said A. B., or to the register of this court for the said A. B., he, the said A. B., be decreed to convey to this plaintiff by a good and sufficient deed of conveyance in the law, duly executed and acknowledged, all and singular the said land in fee simple.

5. And that upon such payment to the said A. B. or to the register of this court as aforesaid, this plaintiff be decreed to be the owner of the said land and premises, and of each and every part and parcel thereof, in fee simple, and that the said A. B. be decreed to be divested of all right, title and interest therein, and that this plaintiff have leave to cause such decree to be recorded in the office of the register of deeds of the said

County of....................as a conveyance of all the said land and premises from the said A. B. to this plaintiff.

6. And that the said A. B. thereupon deliver possession of all and singular the said land and premises to this plaintiff.

7. And that this plaintiff may have such further, other or different relief in the premises as shall be agreeable to equity and good conscience.

And the plaintiff will ever pray, etc.

(Signature of Plaintiff.) (Signature of Counsel.)