Dale

This is an appeal from a summary judgment directing specific performance of a contract to convey land. The complaint alleged that on November 10, 1950, ap-pellee conveyed a certain described parcel of land to appellants by warranty deed, and that simultaneously with the conveyance appellants executed a written agreement which provided:

The foregoing agreement was signed only by appellants.

The complaint further alleged that a demand made by appellee on November 13, 1950, for reconveyance of the property had been refused. Appellee deposited in the registry of the court a satisfaction of the mortgage and the sums paid thereon in excess of the rental value of the land as provided in the agreement.

Appellants filed an answer admitting the transactions of November 10, 1950, the demand for reconveyance and their refusal to reconvey. By amended answer they denied that the agreement gave appellee the right to reconveyance of the property on demand, and, by way of affirmative defense,, alleged that it was the “purpose and intent” of the agreement to confer on appellants a “power or privilege” to reconvey the property within two years. On motion of appellee the affirmative defense was…