Ehrhart
Ehrhart v. Mahony
Opinion
Lead Opinion
Hart, J.
On September 27, 1910, the parties to the action entered into a written agreement denominated "Contract for Deed,” whereby the plaintiffs agreed to sell and the defendants agreed to purchase three certain quartz mining claims in Calaveras County for the sum of three thousand dollars, payable in installments, and defendants agreed to do all assessment work on said claims from the date of said contract. Defendants paid the first installment of fifty dollars, but made no further payments, and they notified plaintiffs that they refused to carry out said contract or to pay any further installments. On the 19th of December, 1910, plaintiffs executed a deed of said mining property conveying the same to defendants and offered to deliver the same to defendants upon the payment of the balance of the pur chase price, which defendants refused to do. This action was brought to recover the balance of the purchase price, $2,950, and the sum of three hundred dollars, which plaintiffs alleged they had expended for assessment work upon the claims. Judgment was in favor of plaintiffs for the amount sued for and this appeal is prosecuted by defendants from said judgment upon the judgment-roll…