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of the mill, to be deposited on the site at once, on execution hereof. Third. Free transportatation for four car loads of lumber from Minneapolis, and two car loads of machinery from Fargo. Fourth. The sum of five hundred dollars, to be paid in cash on arrival of lumber on the ground. Fifth. A deed for town property of present value of one thousand dollars, when the mill is completed and running. Sixth. Subscriptions of wheat and cash of the value of one thousand dollars, to be paid by November 1st, 1885, if mill is completed and running by that time; and if not, as soon as it is completed and running. Seventh. It is hereby agreed and understood between the parties that any or all of the cash subscriptions in this section above mentioned may be paid in carpenter and other work in the construction of said mill, at the usual wages for such labor, provided such labor is needed by, and can be rendered satisfactorily to, said Charles Hutchinson or his agent; but the first five hundred dollars subscription specified in fourth section shall, as therein stated, be paid in cash, on the arrival of lumber on the ground. And it is further understood and agreed between contracting parties that said Charles Hutchinson shall not sell or transfer ownership of said mill without causing the new proprietor to assume all liabilities under this contract and especially the one to operate the mill as a custom mill for five years from the date hereof, at said town of New Rockford, D. T., and that when such new proprietor shall thus assume this contract the said Charles Hutchinson shall be fully released therefrom. Witness our hands this thirteenth day of August, A. D. 1885.” The action was brought to recover the balance due under this agreement, the plaintiff averring that he had performed all the conditions on his part which are conditions precedent toa recovery. It is undisputed that the defendants had performed the tst, 2d, 3d, and 4th conditions of the agreement, and that they had partially performed the sth and 6th conditions. It is to recover the balance due under these two conditions that the action was brought. It was claimed that the town property deeded to plaintiff's intestate was of the value of