Archer

—These are two appeals in the same action. Plaintiff brought the action to quiet title to forty acres of land owned by him. By his answer the defendant admitted that the plaintiff is the owner and in possession of the land, but alleged that the same is subject to contract rights of the defendant. These rights are claimed under a contract dated September 10, 1921, whereby Archer, as party of the first part, leased said real property to Miller for the term of ten years, commencing November 1, 1921, at a total rent' of $40,000, payable as follows: $4,000 on or before four' years from November 1, 1921; $6,000 each year thereafter until the entire principal is paid, with interest on said $40,000 at the rate of seven per cent per annum, payable annually from the first day of November, 1921. The eon-j tract, after setting out many of the ordinary stipulations of a lease, provided as follows: “Should the said party of| the second part during the faithful performance by him ofj all the covenants of this lease desire to purchase the said¡ premises, then said party of the first part agrees to sell-the said premises to the said party of the second part at any time during the faithful…