VI. That pursuant to the oral agreement as above, as embodied in the written instrument bearing date the 7th day of April, 1919, plaintiff did on the 5th day of June, 1919, notify the said defendant, William C. Munson, that he desired to buy the property described in the agreement for the sum therein mentioned.

VII. That in pursuance of the terms of said agreement, and in conformity therewith he did on the 30th day of July, 1919, tender to the said William C. Munson, the sum of three thousand five hundred ($3,500) dollars lawful money of the United States of America, as the full amount of the purchase price thereunder, and did at the same time tender to the said William C. Munson a warranty deed, a copy of which was annexed to the bill of complaint in this cause, and that at the same time that he so made the tender of said lawful money as aforesaid and of said deed, he requested the said William C. Munson to then and there execute the said deed and convey the said property to the said plaintiff, and the said William C. Munson did then and there refuse without cause or reason to execute said deed and accept the said money so tendered to him as aforesaid, and that the plaintiff has always been and still is ready, willing, and able, and now offers fully and specifically to perform the said agreement on his part and pay the said sum of three thousand five hundred dollars on receiving a deed porperly executed by the said defendant, William C. Munson, running to him, the said plaintiff, William Lyle, of the premises, and

VIII. That relying on said agreement as above your plaintiff did on, to-wit, the 20th day of June, 1919, enter into a written contract with one James C. Harris whereby he contracted to sell to said Harris a portion of the land included in said agreement with said William C. Munson, and did obligate himself for the delivery thereof and that said James C. Harris has since called upon him to perform his part of the contract, and your plaintiff is unable to do so because of the failure of said William C. Munson to deliver a deed to the property in conformance with the agreement previously had with him by your plaintiff.

IX. That your plaintiff in such tender and offer, and at divers other times has requested the said William C. Munson to perform his part of the said agreement and convey to your plaintiff all those certain pieces or parcels of land situated and being in the Township of Buena Vista,

County of Saginaw, State of Michigan, known and described as follows: Commencing at the south quarter (J) post of section seventeen (17), thence north ten (10) chains, west four (4) chains, south ten (10) chains, and east four (4) chains to the beginning, also east half (J) of twenty-five and one-half (251/2) acres of land described as follows: Commencing at a point on the north and south quarter (J) line of section seventeen (17), nine (9) chains, seventy-one (71) links from the south boundary line of said section, thence running north on said quarter (i) line seventeen (17) chains, ninety (90) links, thence west parallel with the south boundary fourteen (14) chains, twenty-five (25) links to a point, thence south parallel with said quarter (J) line seventeen (17) chains, ninety (90) links to northwest corner of land formerly owned by Lazette E. Munson, thence east to the beginning, in pursuance to said agreement, but the said William C. Munson, although well able to perform his part of said agreement to convey the premises heretofore described to the said plaintiff has refused and still refuses on divers frivolous pretexts so to do, and does still refuse to execute said deed in compliance with the agreement heretofore set forth.

X. That said plaintiff has fully performed on his part every part of the said agreement and has called upon defendant to perform on his part.

XI. Said plaintiff further avers that the said defendant, William C Munson, is negotiating for the sale of the whole or divers parts of said property and threatening to sell, assign, mortgage, encumber, convey, transfer and dispose of the whole or divers parts of said property, and that the said defendant, William C. Munson, ought to be restrained from selling, assigning, mortgaging, encumbering, conveying, transferring or disposing of said property contrary to the terms of said agreement as made and entered into as aforesaid.

XII. Said plaintiff further shows that there are no lands in the vicinity of the lands hereinbefore described which can be purchased by said plaintiff which are of like kind, quality, and condition and suitable to the uses and purposes of said plaintiff and that he will suffer irreparable injury and damage unless the said defendant shall be compelled to perform the said contract and convey the said lands to the said plaintiff in accordance therewith, and unless the said defendant shall be restrained from selling, assigning, mortgaging, encumbering conveying, transferring, or disposing of said property contrary to the terms of the said agreement as made and entered into with said plaintiff as aforesaid.

XIII. For as much therefore as the plaintiff is without remedy in the premises except in a court of equity, he asks the aid of this court to the end,

1. That the said William C. Munson who is made a party defendant to this bill of complaint, may be required to make full and direct answer to the same, but not under oath, the answer under oath being hereby waived.

2. That the court may decree that the said agreement may be specially performed and that the said defendant, William C. Munson, may be decreed to specifically perform the said agreement on his part and to execute to the said plaintiff a deed of conveyance of the following described property situated in the Township of Buena Vista, County of Saginaw, State of Michigan, to-wit: Commencing at the south quarter (1/4) post of section seventeen (17), thence north ten (10) chains, west four (4) chains, south ten (10) chains, and east four (4) chains to the beginning, also east half of twenty-five and one-half (25 1/2) acres of land described as follows: Commencing at a point on the north and south quarter (1/4) line of section seventeen (17), nine (9) chains, seventy-one (71) links from the south boundary line of said section, thence running north on said quarter (1/4 line seventeen (17) chains, ninety (90) links, thence west parallel with the south boundary fourteen (14) chains, twenty-five (25) links to a point, thence south parallel with said quarter (1/4) line seventeen (17) chains, ninety (90) links to northwest corner of land formerly owned by Lazette E. Munson, thence east to the beginning, in due form of law, said plaintiff being ready and willing, and hereby offering to perform the said contract fully and specifically on his part.