Adaian

The defendant has appealed from a judgment against her as executrix of the last will and testament of A. Boranian, deceased, by which plaintiff recovered six hundred dollars, the amount of money paid by him as a deposit upon the purchase price of certain land, together with the value of his labor and materials furnished upon said land in reliance upon a contract for the purchase and sale of the same made with the defendant’s testator.

The action was tried upon an amended complaint for money had and received. The trial court found, upon substantial evidence, as follows: During the year 1920, plaintiff and A. Boranian, defendant’s testator, entered into a contract for the sale and purchase of certain real and personal property for the sum of twenty-six thousand dollars. Plaintiff deposited with Boranian five hundred dollars on account of 'the purchase price. The written contract between the parties was offered in evidence and in accordance therewith the trial court further found: The purchase price was to be paid in installments, five thousand five hundred dollars on the execution and delivery of a good and sufficient contract for a deed; fifteen hundred dollars on or before the…