Yule

This appeal is from that portion of the judgment only which awards to respondents judgment on their cross-complaint, in the amount of $976.23, together with interest and costs, and not from the judgment entered in favor of appellant quieting title to certain lands and canceling certain instruments of conveyance.

On the fifteenth day of June, 1921, respondent Katie C. Miller entered into a written contract with appellant, W. A. C. Yule, for the purchase and sale of lots 2 and 11 in block 121 of Middletown, being 50 by 200 feet, number 3153, India Street, San Diego, California.

Respondent took possession of the property, furnished it, and up to the time of the acts of rescission set forth in the counterclaim and cross-complaint filed herein retained possession thereof. Until about June 24, 1922, the premises were occupied by a tenant of respondent. On June 24, 1922, the house upon the lots was nailed up by a carpenter employed by appellant, who refused to stop nailing it up when requested to do so by Richard L. Miller, husband of respondent. There was a sign posted on the property at the time upon which was printed “Keep out. Trespassers will be prosecuted. Owner W. A. C. Yule.”…