Jameson

Plaintiff began this action to recover possession of 9.57 acres of land situate in the county of Madera, state of California, to quiet her title thereto and for other relief. Defendants had judgment and plaintiff appeals.

This action involves the question of the performance of the conditions of a certain agreement entered into between the plaintiff and Marin J. Shepardson, dated February 16, 1924.

The record shows that on or about the third day of August, 1923, the plaintiff entered into a written contract with the Sierra Vista Lands, Inc., to purchase the 9.57 acres of land above referred to; that on the sixteenth day of February, 1924, there remained due on the contract with the Sierra Vista Lands, Inc., certain payments, falling due and in the amounts here stated, to wit: $1,510 on August 3, 1924; $1,887.50 on August 3, 1925, and $1,887.50 on August 3, 1926, together with interest thereon at the rate of six per cent per annum.

The agreement with the Sierra Vista Lands, Inc., contained the following condition: “In the event that the buyer defaults in the payment of any sum of money herein agreed to be paid when the same becomes due hereunder, or shall make default in…