Weisenberg

On March 10, 1925, plaintiff and respondent Weisenberg bought from defendants and appellants for $3,200 a one-third interest in a parcel of land. The contract of purchase contained a provision giving respondent “the option or privilege to have upon thirty days’ notice, within one year from the date hereof, the said sum of $3,200 refunded to him by the parties of the first part (i. e., appellants), together with interest at the rate of 7 per cent per annum to date of such refund upon surrendering and reconveying to the parties of' the first part the one-third interest in the said property thus held by him.”

Within the time provided respondent gave appellants notice that he wished his money refunded and tendered them a deed of his one-third interest in the property. Appellants refused to refund the money and respondent brought this action for $3,200, with interest at seven per cent as provided in the contract and renewed the tender of the deed. Judgment followed for plaintiff as prayed and defendants took this appeal. Appellants claim that respondent’s only remedy was for damages for the difference between the market value of the land and the amount agreed to be refunded, citing…