Rhorer

— On the eighteenth day of February, 1887, the plaintiffs entered into an agreement with the defendant Bila, by the terms of which they agreed to sell and he agreed to buy the land in controversy for the sum of $3,375. One dollar of the purchase price was paid at the time of the execution of the agreement, and the balance ($3,374) was to be paid “as soon as said second party shall receive the second payment on a certain contract made between Frank P. Firey, Charles French, and George Bhorer, parties of the first part, and Augustin Bila, party of the second part.” On the 26th of May, 1887, the defendant Bila tendered to the plaintiffs the balance of the purchase price and demanded a deed. Defendants allege in their counterclaim that the plaintiff Firey, at the time of the tender, “in bad faith, refused and failed to accept said money, or any part thereof, or to execute or deliver said deed, or any deed of said land, either jointly with said plaintiff George Bhorer, or otherwise, and then and there, in bad faith, repudiated said contract, and denied that he was obligated in any manner thereby, .... and that the said George Bhorer, at the time of said tender and demand, failed to…