MR. JUSTICE WOODS delivered the opinion of the court.
The plaintiffs in error were the plaintiffs in the court below. They brought this suit against the defendant in error in the District Court for the County of Lewis and Clarke, in Montana Territory, and in their petition stated their case substantially as follows:
On September 16, 1874, the defendant made and delivered to the plaintiffs his contract in writing, of which the following is a copy:
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