Beckman

Action to recover possession of real property, and for rents, issues and profits. Demurrer to complaint sustained and judgment thereon, from which plaintiff appeals.

The complaint alleges that plaintiff, in February, 1892, was the holder of the legal title to certain real property, known as San Miguel island, and certain livestock thereon, together with implements of husbandry, and a sloop used in the business of said island. That on said date plaintiff executed to defendant, Waters, a certain written instrument, set out in the complaint, by which he granted to said defendant the option and privilege of purchasing all of said property at any time within three years from the date thereof, for the sum of $7,000 and interest; upon payment of .which sum plaintiff obligated himself to execute to said Waters proper conveyances for the whole of said property, except such as was sold in the meantime, and in the event of such payment with interest when the' same became due, to credit the amount of such sales upon such indebtedness. Time was made of the essence of the contract. That plaintiff retained possession of all of said property; that in March, 1892, defendant paid on account of…