not the platted, limits of the city of Jamestown. On the 15th day of August, 1883, they entered into a contract in which two named trustees were designated as parties of the first part, and appellant and respondent were the parties of the second part. The contract provided that a certain sum should be raised and placed in the hands of the trustees to be by them expened in improving certain land, belonging to the respondent, for a public park, all of said money to be so expended on or prior to January 1, 1885; and that at any time after said money was so expended, and prior tg January 1, 1886, when the city of Jamestown would accept the same, the second parties agreed to dedicate certain lands, including the land, on which the improvements were made, to the city of Jamestown as a public park forever: “provided, that the city of Jamestown shall accept said lands, and shall at the time of said acceptance of such land agree to maintain the same asa public park forever, exempt from taxation, and in good repair, and with such buildings and improvements only as shall be suitable to the purposes of a public park, and free from all nuisance of any nature whatsoever.” On the same day the common council of the city of Jamestown passed a resolution as follows: “Be it resolved by the city council of the city of Jamestown, D. T., that said city of Jamestown agree with S. K. McGinniss and Adam C. Kidd that at such time before the Ist day of January, A. D. 1885, as the entire sum of four thousand dollars ($4,000.00) at least shall be expended upon that portion of land agreed by said S. K. McGinniss and Adam C. Kidd to be dedicated to the city of Jamestown as a public park forever, by an instrument of agreement of date August 15, 1883, between said parties and John S. Watson and Lyman N. Cary as trustees, together with such further sums as may be paid into the hands of said trustees for the improvement thereof, and in accordance with the terms of said agreement, to which reference is hereby made, and free from all debts for such improvements or otherwise, and with all improvements that shall have been commenced thereon up to the time of such acceptance and dedication, fully completed and finished, said city council will accept the said land as dedicated, as per the terms of said agreement, as a public park forever,
