This cause is submitted upon an imperfect abstract of the record. In many respects it is simply a brief digest or index of the transcript and bill of exceptions. The ap- • pellee, following the course of the appellant, makes his principal references to the record, ignoring in many essential parts of the case the abstract.
Counsel on both sides seem to have lost sight of the purpose of the law requiring abstracts, and depend upon the court to spend the time which is not at its disposal in reading the whole record of the case. The object of the legislature in passing the law of 1885 (Laws 1885, Ch. 95, § 586, Civil Code), as plainly expressed in the act, was to require the abstract to set forth so much of the record “ as is necessary to a full understanding of all questions presented to the court for decision,” in order that the questions might be so presented as to enable the court to pass intelligently upon such as demand attention, and yet not be required to devote its time in reading or examining the voluminous records made in the trial of the cause, thus enabling the court to dispose of the large and rapidly increasing business demanding attention. It is not contemplated that the transcripts or bills of exceptions shall be looked into for any purpose, except in cases where conflicting abstracts are presented, in which event the transcript and bill of exceptions will be examined only so far as n.ay be re quired to settle disputed questions thereon, and ascertain to whom the additional costs shall be taxed. In all cases when the parties can agree upon an abstract as fairly presenting the case no transcript or bill of exceptions is necessary, and much of the expense of the preparation ot causes
These observations are not made for the purpose of reflecting in any manner upon the able counsel presenting this case, for we find that the bar throughout the state have, in many instances, fallen into the same erroneous opinions concerning the object of the law, but for the purpose of calling the attention of attorneys to the requirements of the law upon this subject.
The action in this case is one for the specific performance of a contract for the sale of real estate, and is in almost all respects similar to Robinson v. Cheney, 17 Neb, 673. In that case the plaintiff, Robinson, prior to his purchase, held under a lease. Such does not appear to have been the case here. The contracts of sale are substantially the same, and what is said in that case in the opinion written by the present chief justice, Maxwell, in reference to the construction of that contract need not be repeated here, as we fully approve all that is there said upon that branch of the case. The contract, therefore, was a contract of sale and not of lease.
It is insisted that since the time in which the several installments of the purchase money was to be paid was made the essence of the contract, and that by its terms an installment of about $74.00, due the 22d day of October, 1882, was not paid nor offered until in March, 1883, and
It is. clear that by the conduct of defendant he waived the strict compliance with the conditions of the contract as
Decree affirmed.