Dishian

Plaintiff sued to recover the amount of a promissory note given him by defendant. The defendant was given judgment for costs and plaintiff appeals.

February 16, 1921, plaintiff and defendant entered into an agreement by the terms of which the former agreed to sell certain real property to the latter for the sum of $10,250, as follows: “$1000 upon the execution of this agreement, the sum of $2000 on or before November 21, 1921, the payment of which shall be represented by a promissory note in the words and figures following”: Then follows a copy of the promissory note. The other deferred payments are not material here. The agreement made time of its essence and provided that upon failure of defendant to perform any of the terms and conditions thereof then the plaintiff might, “at his option, declare this agreement to be at an end and to be null and void and all payments theretofore made by the second party shall be retained by the first party as further consideration for the execution of this agreement and as compensation to the first party for the occupancy of the real property hereinbefore described.” The agreement provided that the defendant was to have immediate possession of…