Yule

This appeal is from the judgment made and entered in favor of plaintiffs and against defendants W. A. C. Yule and Josephine K. Yule. The defendant M. M. Corry did not appeal. The judgment-roll only is before the court.

On February 28, 1921, respondents entered into a contract with appellants for the purchase and sale of lots 3 and 10 in block 121 of Middletown, situated at No. 3141 India Street, in San Diego, the purchase price being $2,950. The respondents, who were the purchasers under the contract, made an initial payment when they executed the contract of $500 in the form of a promissory note. The contract provides that the balance of $2,450 be paid at the rate of $35 or more per month, including interest at the rate of seven per cent per annum, payable on deferred balances, and that the buyer shall make monthly payments within the first year of $500 and each year thereafter until the balance due is reduced to $1,500, which shall be made into a mortgage, etc. Respondents made payments on the contract of more than the $500 required to be paid during the first year, but made no payments in the month of May, 1921, nor in the months of February or March, 1922, but made payments…