Durphy

This is an action to foreclose a contract for the sale and purchase of land. Plaintiffs had judgment, from which defendant Fieldbrook Company appeals on the judgment-roll.

The points to be decided will be fully understood from a consideration of the contract involved and the findings and decree of the court. The essential points of the contract are as follows:

In January, 1902, certain four tracts of five acres each were sold to one Belcher, and in May, 1902, Durphy assigned these Belcher contracts to defendant Fieldbrook Company and also the Durphy contract with plaintiffs of October 19, 1901. Subsequently defendant Fieldbrook Company contracted to sell to one Boulster a seven-acre tract for the sum of $275; also lots 7 and 8, block 35, to one Voght for the sum of $565, which was later, by agreement, reduced to $250.

Among other things, defendants set up in their answer that the marginal clause of the contract signed by A. B. Hammond (inserted at the end of paragraph fifth) was not intended to become a part of the contract, and that Durphy never assented to it but expressly repudiated it; also, that the concluding paragraph of said contract was incorporated in the agreement by…