Guitron

Plaintiffs sued for breach of contract for a sale of personal property. The cause was tried before a jury and resulted in a verdict for plaintiffs in the sum of $1,000. Defendants appeal upon typewritten transcripts.

The contract was oral and called for the sale to defendants of a grocery store for the full purchase price of $3,700, $1,000 of which was to be paid at the time of transfer, the balance in monthly installments of $150 each. Defendants made the first payment, plaintiffs transferred the property to them, and they took possession, which they retained until after this action was filed. While still in possession defendants repudiated the contract in toto. Plaintiffs’ complaint is framed in two causes of action, the first on the contract itself and the second for the recovery of damages for the breach.

On this appeal the appellants insist that the action was premature because the contract called for monthly payments and these payments were not due at the time the suit was filed. In answer the respondents rely upon the well-settled rule that when the repudiation of an executory contract results in a violation of the contract “in omnibus” the injured party may treat the…