Francisco

This is an appeal by the defendant from a judgment in favor of the plaintiffs for the sum of $3,008.15.

The controversy between the parties grows out of a contract entered into by them on September 21, 1917, by which the plaintiffs agreed to sell to the defendant a large quantity of personal property constituting a teaming and grading outfit, and including approximately 200 head of horses and mules, wagons, scrapers, plows, a grading-machine and many other articles, and also approximately 200 tons of hay. The contract was in writing, and the payments were to be made at stated intervals, title to all of said property being retained in the vendors (plaintiffs) until its terms had been complied with. The defendant being in default in his payments the plaintiffs threatened legal proceedings for the recovery of the property. All parties being desirous of avoiding such proceedings and the defendant being unable to comply with the plaintiff’s demand for a further payment in accordance with the terms of the contract, the latter, on September 2, 1918, signed and delivered to the plaintiffs the following writing:

The defendant having also failed to comply with the terms of this agreement,…