10. Simms was a surveyor in the City of Pittsburgh for many years and had made surveys, maps, plots, and plans of the streets, lanes, and alleys of the City of Pittsburgh and other places around that city. as well as many plans and plots of ground throughout the County of Allegheny. These he used extensively in his business. Intending to change his occupation, he sold all these maps, plans. and plots to Heath. The contract of sale stipulated that if Sirnrns should ever desire to reengage in the surveying business. Heath would resell the plots, plans, and maps to Simms for the price that Simms had sold them to him plus 10 percent. Five years later Sirnms notied Heath that he desired to reengage in the surveying business and temlered to Heath the amount of the purchase price which Heath had paid to Sirnms plus 10 percent Heath refused to deliver the plans and Simms Sued to obtain a decree of Specic performance against Heath. Will Simms succeed