Potter

This action grows out of two separate contracts entered into by plaintiff and by Henry C. Spaulding, defendant, and W. R. Pigg. The action was essentially on the equity side of the court and was tried by the court without a jury. Defendant United States Land Company appeals from the judgment herein on bill of exceptions. In the same action, the transcript of which is entitled Sacramento No. 2423, Civil No. 1728, Potter v. Pigg, post, p. 707, [ 170 Pac. 1066 ], the plaintiff Potter appeals from the judgment a,nd from certain orders made after final judgment. This latter appeal will be treated in a separate opinion.

The first of the contracts above referred to was entered into on December 8,1911, by which plaintiff, the party of the first part, .agreed to sell to said Pigg and Spaulding, the parties of the second part, certain land in said agreement described in consideration of certain payments to be made to plaintiff and certain covenants therein set forth to be performed by said Pigg and Spaulding, the money payments to be as follows: “$1000.00 which has been deposited by the parties of the second part in the Citizens Bank at Visalia, California, to the credit of the party of…