Keele

This is an appeal by the defendants Clouser, hereinafter referred to simply as the defendants, from a judgment in favor of plaintiff. The first point made in support of the appeal is that the court erred in overruling their demurrer to the complaint. The complaint alleges that the plaintiff and the defendants on November 3, 1920, entered into a contract by which plaintiff agreed to sell and defendants agreed to buy a parcel of real property, defendants agreeing to pay the price in monthly installments ; that the contract contained a provision making time of its essence; that defendants on and since March 3, 1925, have defaulted in payment of monthly installments of the price, “amounting at this time to the sum of $175.00”; that on June 26, 1925, plaintiff notified them of their default and that if the amount then due, $140, was not paid in three days, she would elect to declare the contract forfeited; and that on July 1, 1925, the plaintiff further notified the defendants that she declared the contract forfeited and canceled by reason of their said default. The complaint further alleges that the defendants halve denied any liability under the contract and asserted title and…