Setchel

This is an appeal from a judgment in plaintiff’s favor in an action brought by it to recover the sum of $5,784, with interest, costs, and counsel fees, alleged to have become due said plaintiff by reason of defendant’s failure to perform the terms of a certain contract for the purchase from said plaintiff of certain real estate.

The facts of the case are briefly these: On December 1, 1913, the plaintiff and defendant entered into an agreement in writing for the sale by the former and purchase by the latter of a certain tract of land in the county of Fresno for the sum of $6,603, of which sum $818 was to be paid in cash and the balance in a series of installments of five hundred dollars a year for the period of three years, at the end of which time the balance remaining due was to be paid. The purchaser was to receive, and in fact did receive, possession of the property at the date of said agreement, and he was thereafter to pay all state, county, and school taxes assessed against said land. By the terms of said agreement the seller, upon receiving from the purchaser the .payments provided for therein, was to execute and deliver to the purchaser a good and sufficient deed…