Nestor

In this action to quiet title to real property the judgment decreed title and right of possession in plaintiff, but that defendants “first have and recover of and from plaintiff the sum of twenty-five hundred twenty-eight dollars”. Plaintiff appeals from the portion of the judgment quoted, and presents his appeal on the judgment-roll alone, contending as grounds for reversal that the findings are insufficient to sustain the portion of the judgment from which the appeal is taken.

The court found that plaintiff was the owner in fee and entitled to the possession of the property, and that defendants had no interest therein “other than that which arises solely by reason of a certain agreement of sale and purchase made and entered into the 18th day of June, 1924”; that under said agreement plaintiff agreed to sell and defendants agreed to buy said property for $5,500, of which defendants agreed to pay $550 at the time of the execution of the agreement and the balance in thirty-six equal monthly installments with interest; that in said agreement it was provided that time was of the essence thereof; that in default of making the payments plaintiff was given the option, without • being…