Samuel Blatchford

“ Of course, the credit of $191,150 for the 7,646 head of cattle deficient, at $25 per head, was not intended by the contract to be applied on the cash payment of $25,000, made April 16, 1885, or on the payment of $75,000 provided for by the promissory notes made April 16, 1885, and due July 25, 1885. The question of a shortage in the number of cattle was not to be determined, and was not determined, before the 15th of July, 1885, and the contract does not provide for repaying any part of the $100,000. ”

“ In the preliminary negotiations between the parties, which resulted in the contract, the defendant insisted that he would not purchase the ranch and cattle at the price of $400,000, unless the plaintiffs would take his Cook county land at the sum of $168,000, and the plaintiffs insisted that they would not sell for $400,000, unless they could receive about $250,000 in money, peing willing to take the balance of such purchase price in the 84 acres of Cook county land. ”

“ There is a bill of exceptions which contains all the evidence offered on the trial by either party, and the special findings made by the court. The material parts of those findings are as follows: The parties executed the contract sued on. At the date of its execution the defendant paid to the plaintiffs $25,000, and also delivered to them his promissory notes of that date for $75,000, due and payable July 25, 1885, with interest at 8 per cent. per annum. ”