Cloyne

This action grew out of the following facts: Thomas Cloyne agreed in writing to buy from M. L. Wolff a certain tract of land, at which time he paid one thousand dollars on account of the purchase price thereof. Upon Cloyne refusing to consummate the deal by paying the balance of $16,026.80, in accordance with the agreement, Wolff, on June 28,1907, tendered him a deed which Cloyne refused to accept. Whereupon Wolff brought suit upon said contract for the specific performance thereof.

Tire result of the trial was a judgment rendered on February 14,1908, in favor of Wolff for $16,912.05, bearing interest at the rate of seven per cent until paid. From this judgment ‘'Cloyne appealed to the supreme court. Defendant Levy had no interest in the litigation, but it appears that Cloyne had a large sum of money on deposit in his bank, and before taking said appeal Cloyne and Levy, who was the chief owner of the bank, made an agreement on February 29, 1908, which, after reciting that judgment had been rendered in said action in favor of Wolff, bearing “interest at the rate of seven per cent per annum from and after the 28th day of June, 1907,” and that Cloyne intended to appeal said case and…