Carter

On September 8, 1905, plaintiff and defendant entered into a written contract whereby defendant agreed to sell and convey to plaintiff, and the latter agreed to buy, certain real estate therein fully described. According to the terms of the contract, the consideration for the purchase was $10,000, payable as follows: $2,000 cash, upon the execution of the contract, and the balance of $8,000 upon the execution and delivery by defendant to plaintiff of a deed, conveying the title thereto, free and clear of all encumbrances, liens, etc., together with an unlimited certificate of title of the Title Insurance and Trust Company of Los Angeles showing the title to the property to be vested in defendant free and clear of such encumbrances, which deed, duly acknowledged, so conveying said property, together with such certificate of title, defendant covenanted and agreed to deliver to plaintiff and place him in possession of the premises on or before ninety days from the date of the execution of the agreement. Plaintiff further agreed that at the time of making said payment of $8,000 he would also pay the charges of the Title Insurance and Trust Company for making said certificate of title.…