Stockfleth

On November 10, 1909, respondent Mary E. Brickett and the assignors of appellant Fruit Growers Supply Company entered into a written contract of sale by respondent and purchase by the assignors of the dower right and an undivided eight-thirtieths interest in lands located in Jackson County, Oregon, and an undivided nine-thirtieths interest in lands located in Siskiyou County, California, of which right and interest the preamble recites the respondent was the owner, upon the following terms and conditions here material. The first term stated,, in general language, that the title to the property in part was merchantable and in part unmerchantable and then stated specifically that parcels “A,” “D” and “E” were lands “to which merchantable title is held” and that parcels “B.” “C,” “F” and “G” are lands “to which the title is not yet merchantable.” The third term provides the method of fixing the total price, credits thereupon a prior payment, requires payment of part on or before December 1, 1904, and part within ninety days thereafter and the balance in eight equal installments, with interest beginning on December 9, 1910. Under the fourth term respondent is required to place in…