Herberger

— The defendant agreed that if plaintiff should be dissatisfied with the purchase of the lots at the end of one year (at which time, November 30, 1888, the balance of the purchase price was to be paid), he, the defendant, would return the fifteen hundred dollars, with interest thereon, provided the plaintiff gave him thirty days’ notice and a surrender of the title to the lots. The plaintiff did become dissatisfied with the purchase, and notified defendant of the fact on September 13, 1888, in a written notice which contained a demand for the return of the fifteen hundred dollars, with interest, and an offer thereupon to surrender the title to the lots. Again, on November 30,1888, the agent of plaintiff notified defendant of the plaintiff’s dissatisfaction, made an express demand upon him for the return of the fifteen hundred dollars, and offered to surrender the title. ■ In January and March following, similar statements, demands, and offers "were made, and on every occasion the court finds, upon sufficient evidence, the “ defendant promised to return said sum of fifteen hundred dollars, with interest as aforesaid, and accept a return of the title conveyed by said agreement to…