Kerr

On or about the fourth day of December, 1912, an agreement in writing was entered into between the defendants as vendors and the plaintiff as vendee, whereby the defendants agreed to sell and convey to the plaintiff certain real property in the city of San Diego. The purchase price was twenty-five thousand dollars, of which five thousand dollars was paid upon the signing of the agreement. It was provided that the purchaser would pay the sum of five thousand dollars on or before one year from the date of the contract, “and the balance of $15,000 to be paid by note and mortgage, executed by the party of the second part or his assigns in favor of the parties of the first part, and to be secured by the property described herein. Said mortgage to become due three years from date hereof, and to be executed at the time of the second payment of this agreement, and to draw interest at the rate of 6% per annum, payable quarterly. All deferred payments to draw 6% interest per annum, payable quarterly from date hereof.” The contract further provided as follows: “And the party of the second part agrees to pay all State, Municipal and County Taxes and assessments of whatsoever nature which are…