Imes

This is an action on a written contract. Judgment was entered in favor of plaintiff for the sum of $2,500, and defendants appeal therefrom.

The only grounds urged for a reversal are that the findings of fact are not supported by the evidence.

The complaint alleges that plaintiff’s assignors, O. B. Hall and Ann Elizabeth Hall, entered into a contract whereby defendants agreed to convey unto said assignors, within six months, a certain parcel of real property. Time is made of the essence of said agreement, and the same further provides that in the event defendants should not deliver a proper and marketable title and certificate of title showing the title to be such, then defendants agreed to pay said assignors the sum of $2,250. It is further alleged that defendants failed to convey said land to assignors, and that the said sum is now due, owing and unpaid.

The answer denies, among other things, that defendants did not perform the covenants on their part to be performed, and also sets up a special defense of waiver of title, estoppel of plaintiff to deny performance of the contract, ratification and confirmation of delivery of defendants’ deed, and performance of the contract…