Mertens

This is an action of unlawful detainer. The complaint alleges two causes of action and judgment went for plaintiff under the allegations of the second of these. It is alleged in that count that on a certain day “plaintiff, as seller, and defendants as purchasers, entered into an agreement for the sale of” certain described real property; that on the same date “defendants entered into possession of said premises, and ever since have been, and now are, iff possession of said premises”; that “plaintiff has executed and performed all of the conditions precedent recited in said agreement by her to be performed”; that “on the 1st day of October, 1924, a payment in the sum of Fifty ($50.00) Dollars, by defendants to plaintiff, became due under said agreement, but that defendants failed, refused and neglected, and now fail, refuse and neglect, to make said payment to plaintiff, although repeated demands for the payment thereof have been made by plaintiff of defendants; and that subsequent to said 1st day of October, 1924, additional payments, in the total sum of Four Hundred Twenty-five ($425.00) Dollars, by defendants to plaintiff became due under said agreement, but that defendants have…