McDonald

The action was one to quiet title. The facts as found by the trial court are these: Plaintiff and defendants ’ assignor entered into a written contract on January 24, 1905, for the sale and purchase of real property at the agreed price of $900, of which $50 was paid in cash and the residue to be paid in monthly payments of $10 each, with interest at seven per cent, payable semi-annually, upon deferred payments, time being made of the essence. Plaintiff, by contract in writing, extended the time for the payment of the first four installments until May 20, 1905; that on said last-named date defendant paid $40, and subsequent and deferred payments were made, including interest, until September 26th; that no payments were thereafter made until December 5th, when the payments then in default were made and accepted by plaintiff. Thereafter, on 'February 24, 1906, the deferred payments with interest were again paid and accepted. No further payments were made. The first extension of time was given by one Broderson, the selling agent of plaintiff, which was ratified by plaintiff. Thereafter, Broderson, still a general selling agent of plaintiff, represented to defendant that, if necessary,…