Robben

This is in form an action to quiet title brought by the vendor against the vendees upon an alleged forfeiture by the vendees under a contract for the sale of real property, and the main point urged by appellants for a reversal of the judgment is that the law of the case has been violated. It is also urged that intervention should have been denied.

The complaint contains two counts. The first count is in the usual form employed in an action to quiet title. The second count alleges that on December 6, 1911, the plaintiff, William B. Robben, made an agreement with the defendants, Mrs. I. M. Benson, Alt. G. Smith and E. W. Benson, whereby plaintiff agreed to sell to the defendants the northwest quarter of section 30, township 7 north, range 2 east, Mount Diablo base and meridian, for twenty-one thousand six hundred dollars, payable in installments. The contract is set out in the complaint.

The plaintiff agreed to furnish an abstract. The contract stated: “Second parties are to be given 15 days in which to examine said abstract and report upon the same; in the event title to said premises shall be found to be defective, the said first party is to be given a reasonable time in which…