Siem

Action by plaintiff to recover balance alleged to be due on account of the purchase' price of forty acres of land situate in the county of Stanislaus. Defendant had judgment and the plaintiff appeals and alleges as grounds for reversal that the court erred in overruling plaintiff’s demurrer to defendant’s cross-complaint, in not granting plaintiff’s motion for judgment upon the pleadings and that the testimony does not support the findings of the court. The action was begun by the administrator of the estate of F. W. N. Siem, deceased, and the complaint, after setting forth the usual allegations as to the appointment of -plaintiff as administrator, sets forth the following: That on or about the twenty-third day of March, 1921, said F. W. N. Siem entered into a contract in writing with said defendant for the purchase of a certain tract of land, a copy of which contract is attached to the complaint and made a part thereof; that the sum of five hundred dollars had been paid on account of the principal sum agreed to be paid by said agreement; that a certain payment due on the twenty-third day of March, 1923, had not been paid and that the whole contract had been declared due and…