Hammond

This action is based on a contract for the purchase and sale of three lots in San Mateo County. By the terms of the contract the defendant agreed to pay the plaintiff the sum of $2,125 as the purchase price of the lots, in installments as follows: three hundred dollars on the signing of the contract and the balance at the rate of $35 per month thereafter until paid ; the title to the property was to remain in the vendor until the installments were paid. The defendant paid the sum of three hundred dollars on the signing of the contract and the first installment of $35. No further installments were paid.

At the time of the commencement of this action, forty-six installments amounting to the principal sum of $1,610 had become due under the contract. The balance of the installments, amounting to $180, had not yet become due.

This action was brought to foreclose a lien which the vendor had on the property for the purchase price. A demurrer to the complaint was sustained and an amended complaint filed. The plaintiff asked that the property be sold to satisfy the amount then due, namely, $1,821.15, and that if the proceeds of the sale were insufficient to satisfy the amount of said…