Lemle

This action is brought by the vendee to recover from the vendor the initial payment of five thousand dollars made by the vendee at the time of the execution of the written contract for the sale of land. Plaintiff appeals from a judgment rendered upon sustaining a general demurrer. The contract, which is set out as an exhibit to the complaint, was entered into July 31, 1912, for the sale of the “Barry Ranch,” containing nine thousand four hundred acres of land, at the price of fifteen dollars per acre. The terms of payment were thus stated: “Five thousand dollars to be paid on the execution of this agreement; one-half of the full purchase price to be paid on or before sixty days after the execution of this agreement; balance to be secured by note and mortgage payable on or before three years after date; said note and mortgage to be of approved form and with the usual covenants and conditions found in mortgages of real property. The same to bear interest at the rate of six per cent per annum, payable annually, etc.” It also provided: “It is expressly understood between the parties hereto that the said party of the second part shall at the expiration of sixty days from and after the…