Dugan

This action, though in form a suit to quiet title, is in effect one whereby it is sought to forfeit the rights of the defendant Laura Pulton Dugan under a contract for the sale of real property. W. J. Dugan and Laura Pulton Dugan are husband and wife, and it is for that reason that the former was joined as a party defendant. Plaintiff recovered judgment. Defendants have appealed from the judgment and likewise from an order denying them a new trial—a nonappealable order.

By the contract of sale, which was executed on September 6, 1909, Mrs. Dugan, as a vendee, agreed to buy, and one Thomas McClelland, plaintiff’s assignor, agreed to sell, certain real property in the city of Los Angeles for the sum of $1,350, payable $25 upon the execution of the contract and the balance in monthly installments of $10 each, on the sixth day of each and every month, the first installment to be paid October 6, 1909. It also was agreed that the vendee should pay all taxes and assessments which might be levied upon or assessed against the property. Time was expressly made of the essence of the contract. There was a provision to the effect that if the vendee should fail to comply with the terms of her…