Wilson

Plaintiff and cross-defendant appeals from a judgment rendered against him upon botli complaint and cross-complaint. The contract out of which the present action arose was an agreement for the sale of real property executed December 1, 1911, by defendant Beazley, as owner, and O. H. and Rachel M. Embree as purchasers. By the terms of this contract the vendees agreed to pay the sum of eight thousand dollars in one thousand dollar annual installments, with interest on deferred payments payable annually on the first of December, and to pay all taxes and assessments that might thereafter become due on the premises. The right was reserved to the vendees “of making partial payments in any sums above the stipulated amounts before mentioned on any interest bearing date.” The vendor contracted to execute and deliver, upon receipt of these payments as called for, a good and sufficient deed of the premises and to furnish an unlimited certificate of title thereto.

This contract was assigned by the Embrees to Philip L. Wilson, plaintiff herein, by an indorsement reading as follows: “Los Angeles, November 15, 1912. We hereby transfer all our right, title and interest in this contract to Philip…