Taking the bill and amendments as found in this record and construing them together, it will be seen that equity is invoked to compel the specific performance of a contract in regard to land, and in the event that cannot be done on account of equitable reasons, then for an account and settlement for balance due from defendant to complainant springing out of the land trade in matters of waste and purchase money due. The jury returned a specific verdict in response to questions propounded, and found no waste by the defendant, no improvements by him put on the land, except necessary improvements, and a balance of two hundred dollars due from defendant for purchase money with interest from the time it ought to have been paid. A decree was entered on this verdict for two hundred dollars with interest, to be made by sale of the land. Whereupon a motion for a new trial was made and overruled, and defendant excepted.
2. The second point is that the court erred in charging to the effect that a voluntary payment by defendant of a note of complainant would not be a compliance with the contract about the land, if he was to pay cash. We see no error in the charge. The evidence of complainant is positive that it was to be cash, that such payment was the very essence of the contract, and though denied by the other side and his testimony, the judge was right to submit the issue of fact to the jury.
The case was tried fairly and fully, the evidence supports the verdict, the verdict the decree, and we decline to disturb either.
Judgment affirmed.