Barberich

This appeal is taken by the defendants, Arsen and Ada Yeretzian, from a judgment against them in an action to have a certain contract for the purchase and sale of real property in the county of Fresno, state of California, declared forfeited and to recover damages alleged to have been caused because of waste committed upon said property by the said defendants, while they were occupying the same under a contract to purchase.

In April, 1920, the plaintiffs and the defendant, Pooshichian, entered into a contract with relation to said land, by which plaintiffs were tó sell and said defendant was to ■buy the same. Said defendant paid $1,500 to plaintiffs as the first payment upon the property. The purchase price was to be $6,600, payable in installments, and this sum also included the purchase price of certain personal property, such as horses, cows, chickens, and farming implements upon the property. The agreement also contained a provision that the taxes upon the land were to be paid by the purchaser and that the purchaser was to care for the premises “in the best farmlike manner and keep and maintain all of said personal property thereon in good order and condition and care and…