Harris

Defendants by written contract agreed to purchase from the plaintiff three billiard-tables for an aggregate price of $975. The office of plaintiff was at the city of San Francisco. In this contract it was agreed that $225 should be paid as the initial payment and the sum of $30 per month thereafter paid until the whole amount mentioned had been satisfied. The contract also contained this clause: “Shipped to Los Angeles on or about the 5th day of June, 1913, ...” The contract in its other terms provided that when the total price had been paid a bill of sale should be given, and further provided that if the purchaser should “refuse to accept delivery of or to return the said goods, then the entire unpaid balance of this contract, with interest, shall in either of said cases immediately become due and payable and the said Pas-sow & Sons may enforce payment of the entire amount, principal and interest then unpaid, or, if they so elect, they may cancel this contract and take possession of said goods, without legal process.” A clause in the latter portion of the writing reads as follows: “In all matters herein mentioned time is declared the essence of this contract.” Defendants at the…