Cook

This action was brought to recover $1,600, with interest, claimed to be due plaintiff from defendant, under the terms of four separate but similar contracts for the sale of land, in each of which the defendant was the vendor and the assignor of plaintiff was the vendee. Judg ment was entered for plaintiff upon findings made by the court, and from the judgment defendant prosecutes this appeal on the judgment-roll and a bill of exceptions. Each of the contracts contained the following provision, to wit: “It is further agreed, between the parties hereto, that the party of the first part claims all the tracts hereinbefore described, as part of a grant of lands to it by Congress of the United States; that patent has not yet issued to it for said tracts; that it will use ordinary diligence to procure patents for them that as, in consequence of circumstances beyond its control, it sometimes fails to obtain patent for lands that seem to be legally a portion of its said grant, therefore, nothing in this instrument shall be considered a guarantee or assurance that patent or title will be procured; that in case it be finally determined that patent shall not issue to said party of the first…