Ward

This is an appeal by Ward, defendant below, frCm a de *366 cree for specific performance of a contract to purchase' timber lands in California.

The lower court decided that all the equities were with the plaintiff, Pearsall, and decreed that Pearsall, within a limited time, should deposit an abstract of title and a good, and sufficient deed, and that, if such deposits were in compliance with the contract, Ward, within 10 days from notice of the deposit, should deposit the purchase price, together with interest and costs. Because of failure on the part of Ward to comply with the provisions of the decree, plaintiff was awarded judgment against Ward. Defendant appealed.

The contentions of the defendant are that the contract was procured by misrepresentation; that the consideration for the contract was inadequate; that Pearsall was guilty of- laches in not tendering performance; that he abandoned his contract; that there was no mutuality; and that there were errors in rulings upon the evidence.

We gather these facts: In 1902 Pear-sall, a resident of California, tried to interest Ward, who was in Michigan, in acquiring a tract of some 7,680 acres of sugar pine timber in California.…