Petersen

Plaintiff's testator, John M. Wright, obtained from defendants’ testator, John A. Bunting, a writing by which the latter agreed to convey to the former certain real estate upon certain conditions, one of which was a payment of forty thousand dollars, to be made upon a specified date. This was signed only by Bunting, and imposed no obligation upon Wright. It contained a provision as follows: “ ... a failure on your part to make the aforesaid payment of forty thousand dollars on or before the fifteenth day of March, 1919, shall cancel and make void all and singular the obligations established by this instrument.” When the date arrived for this payment Wright was unable to make it, but by consent of Bunting paid on account of said first payment ten thousand dollars, whereupon Bunting extended the time thirty days to make payment of the balance thereof by signing a notation to that effect upon the face of the instrument, and also indorsing upon the back of it the following- words: “Received on this agreement on this sixteenth day of March, 1909, the sum of ten thousand dollars as part of the first payment of forty thousand dollars herein named,” and signing his name to both said…