Noyes

Decree in favor of plaintiff for specific performance of a contract to convey real estate. Defendant appeals from the judgment and an order denying his motion for a new trial.

Defendant entered into a written contract to sell and convey to plaintiff two lots of land for $625; payable $85 in cash and $15 per month until paid; plaintiff to have privilege of paying larger sums at his election, and to pay interest on deferred payments and taxes on the property. By the same writing, and “in consideration of the foregoing” (agreement), plaintiff was given an option to purchase two other lots lying immediately in the rear of the first mentioned ‘ ‘ at any time within three years ’ ’ from the date of the instrument for the sum of $625.

Before bringing the action he paid or tendered to defendant the full amount of all payments agreed to be paid for the first-mentioned lots, with the deferred interest and taxes, all of which was done within the time provided, to wit, three years, and, also, the day before the expiration of the three years, tendered to defendant the full price agreed upon for the other two lots, and demanded deeds for all the lots. But time was made of the essence of the…