of his defense. If the complaint does this in a general way, it is sufficient as against an attack by demurrer although inartificially drawn. 31 Cyc. 101 and cases cited; Sleeper v. Baker, 22 N. D. 386, 39 L. R. A. N. S. 664, 134 N. W. 716; West End Furniture Co. v. Norman, 44 N. D. 45, 176; N. W. 5; Gessner v. Horne, 22 N. D. 60, 132 N. W. 431.
A complaint challenged for the first time upon the trial by an objection to the introduction of new evidence thereunder will be liberally construed and sustained it if is reasonably possible to do so every presumption will be indulged in favor of the pleading. Morris v. Occident Elev. Co. 33 N. D. 477, 157 N. W. 486; Christoferson v. Wee, 24 N. D. 506, 130 N. W. 689; Rodeo v. Seaman, 33 S. D. 241, 45 N. W. 441; Neilson v Edwards, 33 S. D. 398, 148 N. W. 844.
Statement
BRONSON, J. The defendant has appealed from a decree canceling and foreclosing a contract for a deed. The evidence has not been settled nor certified. Upon the judgment roll and findings the conclusions of the law and the judgment of the trial court are questioned. The facts, as they appear therefrom, are: On July 23, 1918, plaintiff, through a contract for a deed, agreed to sell and to convey to the defendant approximately one section of farm lands in Ramsey county. The defendant agreed to pay therefor $35.392.50, as follows: The assumption of the Prosser mortgage, a lien upon the lands, for $7,840, together with interest thereon after November 22, 1918; the assignment of a contract for a deed upon a section of land in Montana subject to liens for $2,765, defendant to receive a credit of $7,235 therefor; the conveyance of 160 acres of land in Benson county, N. D., subject to liens for $1,900, defendant to receive credit of $1,800 therefor. The balance of the purchase price ($18,517.50, with the interest thereon at 6 per cent.) the defendant agreed to pay by the delivery of one-half of all grain to be sown and grown on the lands beginning with the crop for the year 1919, such grain to be delivered in designated towns or on board cars at defendant's cost and expense, and the proceeds thereof applied first in the payment of interest, and then of the principal. The defendant further agreed to pay all taxes and assessments upon the lands commencing with the year 1918. The contract provided that until the delivery of
