The fair construction of the contract declared on required a deed to be tendered by the landowners. The first deed was tendered by the plaintiff January 5, 1854, when he had no title, and was therefore insufficient. The second deed tendered was quite too late, the plaintiff having no title till 1858, — a delay so great that it would be impossible to hold that the defendant then continued to be bound by his contract.

Exceptions overruled.