Webber

The plaintiffs appeal on the judgment-roll from a judgment in a suit to quiet title to land in Riverside County.

On February 24, 1912, the appellants entered into a contract with the defendants, Philip D. Herbert and Sallie L. Herbert, by which the appellants agreed to sell to the Herberts eighty acres of land for four thousand dollars, payable in ten annual installments of four hundred dollars, with interest on deferred payments at the rate of six per cent, payable semi-annually. The buyers were also bound to pay all taxes and assessments. The contract in terms provided for assignment by either of the two parties. It contained a clause making time of the essence of the contract, and providing for forfeiture of all prior payments upon any default.

[1] The buyers assigned to John S. Webb an undivided interest in the land, and this fact was communicated to the sellers in February, 1915, when the sellers promised to notify Webb of any default on the part of the Herberts. An installment of $108 for interest became due in August, 1912, and was paid to the sellers and accepted by them two months later. Between that payment and an installment of $60 for interest which became due on…