Thompson

On the thirtieth day of October, 1913, the plaintiff, Chowchilla Colonization Company, a corporation, and the defendant, H. H. Thompson, entered into a written contract for the sale of real estate, which contract contained the following provision: “All buildings and improvements now on said land, other than those belonging to present occupants if any, or that shall hereafter be placed thereon by any party shall become a part of the realty and shall not be removed therefrom, but shall be and remain the property of said vendor until this contract shall be fully performed and completed by said vendee.” At the time of the execution of said contract there were no improvements of any kind upon said premises. On said day said defendant paid to plaintiff, Chowchilla Colonization Company, as a part of the consideration for the purchase price of said property described in the contract, the sum of $1,020. The payments of $817.80 falling due on the eleventh day of September, 1914, 1915, 1916 and the interest thereon were never paid.

In the following months of December and January, defendant Thompson constructed upon said premises a dwelling-house, barn, and windmill as described in the…