Carter

This action was brought to recover a judgment against the defendants, John Grosshans and Florence Grosshans, his wife, for the sum of $500, alleged to be due and unpaid on the purchase price of certain real property situated in the city of Berkeley.

The purchase price of the property was $3,500, of which $1,000 was to be paid down upon the signing and delivery of the contract, and the balance in monthly installments of not less than $20 per month.

The plaintiff pleaded in her complaint and testified at the trial that at the time of making the contract, and as a part of the same transaction she and the defendants agreed that in lieu of the first payment of $1,000 only one-half thereof need be paid in cash, provided the defendants would furnish and supply plaintiff with a home free of cost to her for the remainder of her life. Pursuant to this agreement and upon the signing of the contract, the defendants paid the plaintiff $500, and took possession of and occupied the premises, 'but have ever since refused to provide plaintiff with a home, or to pay to plaintiff the balance of the $1,000 which was to be paid upon the signing and delivery of the contract. The testimony of the…