Pearson

This is an appeal by plaintiffs from a judgment on the pleadings in favor of the defendant. The action was one to recover the sum of three hundred and ninety dollars, with interest, alleged to have been paid by the plaintiffs on account of two certain contracts for the purchase by them of certain lots in Richmond from the defendant, which contracts, it was claimed, the latter had broken and abandoned by his refusal to receive further payments thereon, and by his express cancellation of said contracts.

The facts regarding the making and execution of these contracts and the defendant’s alleged breach of them, out of which the plaintiffs’ claim arises, are, according to the admissions of the pleadings, as follows: On August 21, 1909, the plaintiffs and the defendant entered into a contract by which the former was to purchase from the latter a lot in a certain tract in Richmond for the sum of eight hundred dollars, to be paid in monthly installments of not less than ten dollars, the first deferred installment to be payable on September 21, 1909, and the balance in monthly installments of ten dollars payable on the twenty-first day of each and every month thereafter until the purchase…