Hovsepian

This is an action in replevin.' Judgment went for the defendant and the plaintiff has appealed under section 953a of the Code of Civil Procedure.

On the sixth day of July, 1920, the plaintiff as vendor and the defendants as vendees executed a written agreement to sell and buy a vineyard in Fresno County, together with the improvements and certain personal property. The consideration stated was $25,000. On the date of the execution $5,000 was to be paid,'and on October 1, 1920, $2,000 was to be paid. The vendees were to enter at once, do all of the work in producing crops, . . and deliver same in the name of the first parties and the second parties. And the first parties shall receive 60% of the gross proceeds of crops and shall apply the same first to the payment of all interest due under this contract at the time said first parties receive the same, and the balance thereof shall be applied as a payment' on the principal sum due under this contract. The second parties shall receive 40% thereof for their own share. The first parties shall continue to receive from the crop each year beginning with the crops of 1921 until the principal sum due under this contract has been reduced to…