McArthur

Plaintiffs sued to quiet title to certain real property on the theory that the defendants had forfeited their interest under a contract of sale. The cause was tried before the court without a jury and resulted in a judgment for plaintiffs, from which the defendants have appealed on typewritten transcripts.

The plaintiff Palmer, who is the real plaintiff in interest, was doing business under the fictitious name of the Clear Lake Beach Company. On November 29, 1924, this company executed with the defendants a contract of sale of lot 141 in the town site of Lucerne, Lake County, for the sum of $2,000. On August 19, 1925, a similar contract for the sale of lot 140 in the same town site was executed by the same parties. Both contracts called for the payment of $733.33, with the balance to be paid, with interest, at the rate of $50 a month. Both contracts contained the usual stipulations as to time being of the essence, delivery of possession, and the manner and conditions under which the seller might exercise the right of forfeiture in case of default in payment. Both contracts also contained a stipulation that the buyer could not assign his' interest without the seller’s consent. The…