Chatfield

It is alleged in the complaint that plaintiff and defendants entered into an agreement of which the following is a copy:—

That plaintiff on October 1, 1888, tendered to defendants said sum of $434.25, with interest, and demanded that defendants cause the lands to be conveyed to him, but they refused, and still neglect and refuse, to convey the same or return to plaintiff the three hundred dollars paid by him. The prayer is for a judgment for the sum of three hundred dollars, with legal interest and costs. *520 The defendants, in their answer, admit the execution of the contract, but “ deny that on the first day of October following plaintiff tendered to defendants the further sum of $434.25, with interest thereon from the twenty-ninth day of March, 1888, at eight per cent per annum, and demanded that defendants cause to be con-xeyed to him, by bargain and sale deed, the lauds abox’e described; that defendants failed, neglected, or refused to convey said property to the plaintiff, and still do fail, neglect, and refuse to convey the same, or to return to the plaintiff said sum of three hundred dollars paid by him on said contract.” The bill of exceptions shows that the case was…