The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-04-25


Averment is made that plaintiff,
ever since his tender Of April 16, 1902,
has remained and is still willing and
prepared to pay and now does make
offer Of the amount Of $14,6S4.1O, adj
mittedly due defendant on the pur-
chase price, as per the contracts, or
whatever is due. and to receive a
conveyance and deed from the de-
PENDANT in accordance with the terms
Of the contracts.
Damages Are Demanded.
BY reason or defendants failure 10
convey to- the plaintiff the land in dis
pute, tine complainant alleges he has
been damaged In the sum Of $4,000
and prays the court to award him that
amount. He also demands judgment
ordering the defendant to convey to
him the land described in the COM
plant, consisting Of the unsold lots
Of the original parcel, conditional
upon his payment of the balance ad-
mitted owning by him.
The Contracts.
A copy Of the first contract entered
into between plaintiff and defendant
is attached to the complaint. AS
certified to by the copy the original
wa sentered into between the parties
to the suit April rs, 1898, and in con-
sideration Of the sum Of $40, 900 the
defendant contracts to sell to plain
tif the east half Of the northeast
quarter Of section 4, township 1,
south, range rs, east, then known as
the Burlington addition to Billings
townsite, except that certain portion
previously decided to st. Mary's acad-
envy for hospital purposes, the land
so conveyed being included in the
blocks numbered from 1 to 81, inclu-
sive, payment to be made on or be-
fore October Is, 1900. It Is further
stipulated that the defendant during
the dates between the origin of the
contract and it's close shall have the
right to sell any or all Of the lots
contained in the land described at
such a price as shall bring the aver
age to $50 per lot for the entire par.
eel. Whenever q sale was made the
company agreed to enter into a con-
tract for the sale Of the lots and when
full payments were made the COM
pany also agreed to convey by var
ranty deed the land SO sold to the
purchaser. All money received by
George, less> 10 per cent, was to be
deposited in the Yellowstone National
bank and to apply on the payment Of
$4,000, 1t being further agreed that
as soon as the purchase price was
paid that the defendant would deed
to plaintiff the remaining unsold lots.
by the terms of the contract II
any part of the $4,000 remained I'M
paid by October Is, 1900, the con
tract was to be void and the plaintiff
to forfeit all rights he may have &C.
quired, except that he was to retain
the 10 per cent commission. No in
terest was to. be charged plaintiff dur
ing the life OF the contract. Imme-
date possession of the land was
given.
The contract is signed by A. l..
Babcock, president, and H. w. Row.
ley, secretary Of the company, as well
as by w. B.. George and the usual
number of witnesses.
The second contract is only a re-
newal of the first and in considera-
ton of 81 and interest at the rate of
6 per cent from October 25, 1900, the
time for plaintiff TO perform his part
of the terms Of the original contract
is extended until October 25, 1901.
Mr.. Georges Statement.
Recently. MI. George says, he made
tender Of the balance due by him to
the company and claims that 1t was
refused on the ground that the pres.
ence Of others than those to whom
the tender Is said to have been made
necessary before action could be
taken. Subsequently, he alleges, he
notified by the officers Of the
company that the contract had been
and that because Of his
failure to live up to the requirements !
in the matter of paying on a certain
date he had forfeited his right to
further consideration as a party to
the agreement. Hence the suit.