Pinkerton

Plaintiffs sued to recover $3,714.10 alleged to have been paid defendants on account of the pur cliase of a piece of real property in San Diego County. A demurrer to the fourth amended complaint was sustained without leave to amend and from the judgment following plaintiffs appeal.

The amended complaint alleged that on April 10, 1913, the parties entered into a written contract for the purchase of the property for the full sum of $7,164.60' under the following terms: $3,250 to be paid upon execution of the agreement, $978.65 before April 10, 1915, and a like sum on or before April 10th of the years 1916, 1917, and 1918, with interest on the deferred payments at seven per cent a year payable annually. Upon the completion of these payments defendants were to deliver their deed conveying the property to plaintiffs. It was alleged that the first payment of $3,250 was made upon the execution of the contract and that two payments of interest were made—on April 10, 1914, and on April 10, 1915. On April 10, 1915, the defendants executed and delivered to plaintiffs their agreement in writing extending the time of payment of the installment due April 10, 1915, for a period of one year.…