Catterline

The parties entered into a contract on the fifth day of August, 1920, by the terms of which defendant Ora. A. Peterson agreed to purchase from the plaintiff a house and lot in the city of Los Angeles for the sum of $4,500, payable $500 in cash on the execution of the agreement and $60 each month thereafter until the balance of the purchase price was paid. The vendee paid on account $676.66 and thereafter, having failed to make payments promptly as provided by the terms of the contract, on January 31, 1921, the vendor served upon the vendee the following notice:

On April 6, 1921, the vendor served on the vendee another notice, copy of which is as follows:

Shortly thereafter action was brought by plaintiff against both defendants to quiet title. Defendants answered and, in addition thereto, filed a cross-complaint by which they sought to recover from plaintiff all moneys paid by them to plaintiff on account of the purchase price of the property contracted to be sold to them.

The court finds, among other things: “That the defendant did not keep or perform all of the obligations of said agreement on her part to be performed; that the plaintiff did keep and perform the obligations…