Fairchild

— The defendants Mullan and Randall take this appeal from the judgment and an order refusing them a new trial.

The action is brought by the executrix of A. A. Ritchie, deceased, to quiet title to a tract of land in Lake County, and to have it adjudged that the defendants have no right to purchase under a contract made with Ritchie October 19, 1877. Defendants Nougues and Williams filed a disclaimer. The judgment quiets the title absolutely against all of the defendants, except Mullan, and permits him to complete the purchase within ninety days by paying certain moneys, and failing so to do, cuts off all claim on his part.

On the nineteenth day of October, 1877, Ritchie executed to Mullan a bond, by which he agreed to convey to Mullan the land on or before May 5,1882, for forty thousand dollars. It recites the payment of ten thousand dollars, but it appears that only three thousand dollars was actually paid at the time.

The next day, October 20,1877, Mullan, Nougues, Randall, and Williams entered into a written agreement, which begins as follows: —

The writing proceeds to specify what sums shall be paid by each, and when. A. A. Ritchie was to pay eight thousand dollars May 5,…