Morrison Waite

“ The difference between the 36,244 acres claimed by the appellant, and 35,775 allowed by the court, or 469 acres, arises from the failure of the court to correct a former allowance of 200 acres for one of the parcels to which the title had failed, when, by actual survey since that time, it has been found to contain only 131 acres,-a difference of 69 acres,-and the deduction of the Huntington recovery of 400 acres from the amount to be paid for. ”

“ No interest should be calculated on the cash payment of $50,000 at the time of the conveyance. This seems to us to be in accordance with the true construction of the contract of purchase as it was reduced to writing by the parties. We can take notice of no understandings prior to the writing as to what the contract was to be. The conveyance was of all the lands inside the exterior lines of the tracts to which Lewis had title, and for these five dollars per acre was to be paid, with interest from June 3, 1873, on the deferred payments. ”

“ As to the lands not in dispute, the decree was for the contract price per acre, with interest from June 3, 1973, March 2, 1881, deducting payments as they had been made. As to the lands in dispute, it was for the agreed price, and interest from January 23, 1880, the date of the refusal of the court of appeals to allow the writs of error, until March 2, 1881. ”