Hillger

This action was originally brought in the justice’s court to recover one hundred dollars alleged to have been paid by respondent as part of the purchase price of certain lots of land in the county of San Diego which appellant agreed to transfer to him. The contract was evidenced by a writing in the form of a receipt which, after setting forth a description of the property and the fact of the payment of one hundred dollars, provided that the balance of the purchase price should be paid “upon delivery certificate complete to date of transfer from a responsible abstract company in the city of San Diego; said certificate to show said property free from all- encumbrances and execution of good and sufficient deed, on or before fifteen days from date, - . . And if the balance of............dollars is not paid as stipulated and agreed, the above contract is null and void, and all moneys paid shall be forfeited as agreed damages for failure of purchaser to perform this contract. Should such abstract or certificate show the title to said property as not being free from encumbrances as above stated, the deposit shall be returned to said purchaser.” The respondent alleged in his complaint…