Page:North Dakota Reports (vol. 48).pdf/271

 power contingent. It must, of course, be established as a fact, and this seems to be the determining point in the California cases cited by appellant’s counsel, that there is ground for awarding the maintenance. Otherwise it must be assumed that the husband would voluntarily discharge his obligations of support.

We are of the opinion that the findings in this case support the judgment, and it is affirmed.

, C. J. and, , and , JJ., concur.

F. M. ROURKE, Appellant, v. HOOVER GRAIN.CO., Respondent.

Appeal and error—order dissolving order enjoining statutory proceedings to foreclose land contract is appealable.

1. An order dissolving an order enjoining statutory proceedings for the foreclosure of a land contract is appealable.

Vendor and purchaser—time specified in notice for cancellation of land contract fixes such time.

2. The time specified in a notice for the cancellation of a land contract fixes the time for its cancellation, subject to the statutory requirements,

Proceedings in District Court, Ransom county, McKenna, J., upon the cancellation of a land contract. From an order, dissolving an injunctional order theretofore issued, the plaintiff has appealed.

Reversed and remanded.

Curtis & Remington, for appellant.

C. G. Mead, for respondent.

, J. In July, 1919, the parties made a land contract cover-