Watkins
Watkins v. Warren
Opinion
lead Opinion
Burroughs, J.
This is an appeal from a judgment in ejectment rendered against the vendees in possession.
The action was for the possession of real estate sold to appellants by respondents under a contract of sale. The appellant vendees made default in various payments and under the forfeiture clause, time being of the essence of the agreement, the respondent vendors elected to declare the contract terminated, suing for possession only.
The purchase price as set out in the contract was the sum of $22,500 to be paid as follows: $5,000 upon the execution of the agreement, payment of which was acknowledged; vendees agreed to pay a certain trust deed for $6,500 due the Mutual Building and Loan Association of Long Beach, California, also a ce’ rain trust deed for $1,000 in favor of Frank C. Root; further, the sum of $1500 on or before June 30, 1928, and $4,160 on or before December 30, 1928, and the further sum of $4,160 on or before December 30, 1929, all to bear interest at eight per cent per annum, payable semi-annually from date. Vendees were to keep improvements on the premises insured for an amount of at least $2,200. The first installment of taxes for the year 1927-1928 was to be paid by the…