Anderson

This is an appeal from a judgment in favor of plaintff in a suit in assumpsit to recover purchase money wrongfully retained by the vendor after a breach of contract to sell and convey a fishing boat.

The appellants operated a fish canning and packing establishment at San Pedro, California. March 4, 1918, the respondent executed and delivered his note and entered into a written contract termed a “purchase lease,” with the appellants, by the terms of which they agreed to sell and convey to the respondent a motor-boat called “Freedom” for the sum of $8,500. This contract contained the following provision:

This contract contained no forfeiture clause. Contemporaneously with the execution of this contract and note another agreement was entered into between the same parties, by the terms of which the plaintiff was employed for the seasons of 1918, 1919 and 1920, to use said boat and actively engage in fishing exclusively for the appellants, promptly cleaning and delivering to the cannery at San Pedro, all fish caught, on consideration of which the appellants prom ised to pay the market price for all albacore, tuna, skipjack and other fish. ■ The boat was to be registered in the name…