McManus

By a written contract plaintiff agreed to purchase of defendants for the sum of eight hundred dollars a ten-acre tract of land in Modoc County. At the time of the execution of the agreement he paid them four hundred dollars in cash and it was provided in said contract that the entire purchase price with interest thereon at the rate of eight per cent per annum should be paid on or before one year from date and “if the sum' of money herein mentioned, shall be paid according to the agreement herein expressed, and time to be of the essence of this contract, then the said party of the first part agrees to make, execute and deliver unto the said party of the second part and to his heirs, executors and assigns, a good and sufficient warranty deed describing said premises.” The theory of plaintiff, embodied in his complaint, is that, before the expiration of the year, he tendered to defendants the balance due and demanded a deed to the premises but that they refused and neglected to make him a deed to the property ; whereupon plaintiff promptly served upon appellants a written notice that he would not be further bound by the terms of the contract, that he rescinded the same and he…