Collins

The plaintiffs instituted this action for the purpose of securing a decree foreclosing, or declaring forfeited, all rights acquired by the defendant under a written contract whereby the former agreed to sell and convey to the defendant and the latter agreed to purchase from said plaintiffs a certain tract of land situated in Tulare County.

The defendant was given judgment, from which the plaintiffs appeal on a bill of exceptions.

The agreement was entered into on the twenty-second day of September, 1919, and contains, among others, the following provisions and terms: That the purchase price of the land, to wit, the sum of ten thousand seven hundred dollars, is to be paid on or before five years from the date of the agreement, the interest thereon (seven per cent per annum) payable annually; that, upon the payment by the defendant of the principal and interest, as so provided, the plaintiffs are to execute and deliver to the defendant a deed conveying to him a good and complete title to the said real property, free and clear of all encumbrances; that the plaintiffs were to “dig a sufficient pit where the present well is on said land to present water level and will install the…