Cherney

Prior to the transactions herein set forth R. N. Hicks was in possession of the lands involved in this suit, under an executory contract of sale thereof to him by the Natomas Company, one of the defendants. The contract, dated December 27, 1917, provides for a payment of $1,873.25 at the time of the execution thereof and annual installments of $499.54 on December 27th of every year thereafter to and including the year 1932, with interest at the rate of six per cent per annum, payable annually, the purchaser to have the right to pay any or all installments at any time. Overdue installments are to draw interest at the same rate as the principal. The purchaser is required to pay all taxes, assessments, and water charges on the land and, upon his failure to make such payments, the vendor is given the option to pay the same, the purchaser to reimburse the vendor, with interest at six per cent per annum thereon. Time is made of the essence of the contract and the vendor .is given the option to declare the purchaser’s rights under the contract forfeited upon his default in maldng any payment when due. Hicks paid all installments and interest which became due up to and including December…