Beekhuis

Action for money had and received.

Defendant on or about the thirteenth day of February, 1919, was the owner of certain real property situated in the county of Fresno. On said day he entered into a written contract with J. W. Files and Susan M. Files, his wife, whereby he agreed to sell and the Files agreed to purchase the land for the sum of $23,500. The contract provided for the payment of the sum of $6,000 upon the execution of the agreement and the further sum of $2,000 on or before November 1, 1919, and $1,000 on the first day of November of each succeeding year until November 1, 1929, at which time the balance of the purchase price amounting to the sum of $6,500, was to be paid. It further provided, among other things, that the vendees should pay all taxes and assessments and not suffer or permit the same to become delinquent. The contract contained a provision that at any time after the sum of $11,750 had been paid upon the purchase price, together with all accrued interest, the vendor should make, execute, and deliver to the vendees a good and sufficient deed to said premises free and clear of all encumbrances, subject to certain exceptions not here involved, at which…