Stiles

Action to enforce specific performance of -contract to convey real estate. Defendant appeals from judgment "in favor of plaintiff, and from an order denying its motion for a new trial.

The complaint alleges that on the fifteenth day of February, 1902, plaintiff and defendant entered into an agreement in writing (setting it out in full). From this writing it appears that defendant agreed to sell to plaintiff certain real estate at Hermosa Beach for $135. That plaintiff paid $45 cash, and agreed to pay $45 on or before October 2, 1902, and $45 on or before April 2, 1903, with interest at seven per cent on deferred payments from October 2, 1901. The deed was to be delivered upon the completion of the terms of the contract. Time is made of the essence of the contract, and upon default in payment of any installment of principal or interest, or the payment of taxes on the property (which plaintiff assumes), “the whole of said principal and interest shall be due and payable, or this agreement may be rescinded,” at the option of the defendant.

It is further alleged in the complaint that plaintiff paid to defendant the first payment as provided, and the second one on October 23, 1902,…