by John Marshall Harlan

“ Cheney undertook to pay the taxes of 1879 and previous years, and bound himself to convey the land, in fee-simple, with the ordinary covenants of warranty, (reserving the right of way that might be demanded for public use for railways and common roads,) upon the payment by Libby of the several sums of money aforesaid at the times limited, and the strict performance of all and singular the conditions of the contract. ”

“ Time may be made of the essence of the contract 'by the express stipulations of the parties, or it may arise by implication from the very nature of the property, or the avowed objects of the seller or the purchaser.' Taylor v. ”

“ The price for the land was $8,960, of which $1,600 was paid at the date of the contract. The balance was to be paid, 'without notice or demand therefor,' in annual installments, at the times specified in promissory notes, of even date with the contract, which were executed by Libby to Cheney at Tecumseh, Neb. The notes were made payable to the order of Cheney, at the office of Russell & Holmes, private bankers in that city. Eight of the notes represented the balance of the principal debt,-each one being for $920,-and were payable, respectively, in 3, 4, 5, 6, 7, 8, 9, and 10 years after date. ”

“ Even where time is made material, by express stipulation, the failure of one of the parties to perform a condition within the particular time limited will not in every case defeat his right to specific performance, if the condition be subsequently performed, without unreasonable delay, and no circumstances have intervened that would render it unjust or inequitable to give such relief. ”

“ His offer in the bill to perform all the conditions and stipulations of the contract was sufficient to give him a standing in court. Irvin v. Gregory, 13 Gray, 215, 218; Hunter v. Bales, 24 Ind. 299, 303; Fall v. Hazelrigg, 45 Ind. 576, 579. But the decree of specific performance ought not to become operative until he brings into court for the defendant the full amount necessary to pay off the notes for principal and interest falling due in 1885, 1886, and 1887 Caldwell v. Cassidy, 8 Cow. 271; Haxton v. Bishop, 3 Wend. 13, 21; Hills v. Place, supra; Wood v. Saving Co., supra ”

“ Slade, 7 Ves. 265, 279; Levy v. Lindo, 3 Mer. 81, 84; Hudson v. Bartram, 3 Madd. 440, 447; Lilley v. Fifty Associates, 101 Mass. 432, 435; Potter v. Tuttle, 22 Conn. 512, 519. See, also, Ahl v. Johnson, 20 How. ”