Davis

This is an action to quiet title, commenced January 21, 1903. There was no demurrer. Defendants Josephine Trachsler and Prank Trachsler answered and set up their claim of interest in the land. The record does not disclose that either of the other defendants appeared at all. The judgment was against all of the defendants. Prank Trachsler and Josephine Trachsler moved for a new trial, which motion was denied, and they appeal from the order denying them a new trial. The appeal comes here on a bill of exceptions.

On July 13, 1896, the respondent was the owner of two thousand five hundred acres of land in Stanislaus county, and on that day entered into a written contract with one George W. Hopkins, whereby he appointed said Hopkins his agent for the sale of said lands, upon the following considerations: “Second party is authorized to sell the said lands in parcels of twenty and forty acres each as indicated on the plat hereto attached, at the minimum prices noted on said plat, and upon the following terms, to wit: Ten (10) per cent of the purchase price payable at time of sale, and the balance payable in eight equal semi-annual installments, with interest on deferred payments at the…