Deist

These two cases were ordered consolidated on appeal. Respondent has failed to aid the court by filing any brief and, on motion of appellant, the time for filing of such brief having long since expired, the appeals were ordered submitted on appellant’s briefs.

Each case is an action seeking recovery of payments alleged to be due on the same contract for the purchase of real property, the first seeking recovery of payments claimed to be due up to February 12, 1924, and the second seeking recovery for payments alleged to be in default for the period between March 12, 1924, and May 12, 1925. An examination of the clerk’s transcript discloses that the respective complaints allege that about November 12, 1921, F. H. and Ida L. Miller, husband and wife, owned the lot which was the subject of the contract, and agreed to sell the same to Beck for $3,750. The agreement which was in writing is set out in Time verla and is in the usual form. It acknowledges receipt of a down payment of $200 and provides for payment of the balance at the rate of $40 per month, with interest at seven per cent per annum. It is further alleged that certain specified payments have been made by defendant, but that…