Hieatt

Plaintiff brought this action to recover

from defendant money which had been paid by plaintiff to defendant on account of a contract for the sale of real property, which contract the plaintiff alleged had been rescinded and abandoned by mutual consent. The plaintiff appeals from the judgment entered in favor of the defendant.

The contract was dated April 30, 1913. It provided for the payment of seven thousand five hundred dollars on the execution of the contract; two thousand five hundred dollars on October 1, 1913, and two thousand five hundred dollars on the first day of each and every April and October thereafter until the full sum of $33,582.75 had been paid; interest at six per cent per annum, payable quarterly, commencing on the first day of July, 1913. The findings show that the plaintiff paid the sum of seven thousand five hundred dollars and the two thousand five hundred dollars due October 1, 1913, together with the interest then due; “that prior to the first day of April, 1914, the said plaintiff and said defendant did orally agree that they would by mutual consent cancel, rescind, and abandon the said written contract, and that the said plaintiff would in pursuance…