MR. JUSTICE BREWER delivered the opinion of the court.
On December 16, 1876, the parties hereto entered into the following contract:
"This agreement made and entered into on this 16th day of December, by and between Joseph Anderson and Hannah Anderson, his wife, of the county of Adams and the State of Nebraska parties of the first part, and Levi Carkins of Adams County, Nebraska, party of the second part, witnesseth:
"That the said parties of the first...
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