Jeffords

This is an appeal from a judgment entered upon default of the plaintiffs for failure to amend their complaint after separate demurrers thereto had been sustained.

This suit was brought to set aside a final judgment against the plaintiffs quieting title to the “Young ranch” consisting of twenty acres of land in Imperial County, California, which judgment upon appeal was affirmed by the Supreme Court. (Jeffords v. Young, 197 Cal. 224 [ 239 Pac. 1054 ].) The complaint in this case alleges that plaintiffs executed a written contract with the defendants, Thomas I. and Lillie E. Young, on December 31, 1921, to purchase said property for $4,200, upon specified terms; that the contract and deed of conveyance were deposited in escrow with the Central. Bank of Imperial Valley at Calexico, where plaintiffs subsequently paid, from time to time, the aggregate sum of $3,600, which was applied on the purchase price of the ranch; that they immediately took possession of the premises and made valuable improvements thereon-; that on July 27, 1923, they tendered at said bank the further sum of $525, which was refused upon the grounds that the bank was no longer the owner’s agent, and that all…