TYS0N VS. WATTS. 19

ground for attributing unfair or dishonorable motives to the
plaintiff.

The explanation which has been given in regard to these
discrepancies, seem to me entirely to relieve the complainant
from any such imputation.

Whilst, however, the court abstains from expressing an opin-
ion, with regard to the effect upon this case which the circum-
stance of Petherick's being an alien may be supposed to have;

or, upon the question of his alleged laches, or abandonment of
the contract, as evidenced by the correspondence, it is deemed
not out of place to remark, that the uncertainty of the provi-
sions of the instrument which is sought to be enforced, would
present a serious objection, if the other difficulties were re-
moved. If this contract is to be enforced against the defend-
ant, the plaintiff should surely be required to perform the agree-
ment on his part.

But what can he be required to do, and when shall he be re-
quired to do it ? He tells you himself that no time is fixed for
working the mines; that this is referred to his own discretion)
and cannot be commenced until after the determination of the
life estate of the mother of the defendant, she being still living.
Upon the whole, the Chancellor thinks the want of mutuality,
the uncertainty and the difficulty of enforcing the agreement,
consistently with those principles of equity by which the court
must be governed in the execution of its powers, forbid the
relief asked for by this bill, and that it must consequently be
dismissed.

[This decree was affirmed by the Court of Appeals.]