Arnold

Plaintiff brought this action to compel the defendant to convey unto it a quarter section of land for which defendant had received patent from the United States, or pay the amount due under an executory contract by which defendant agreed to purchase the land from the plaintiff. The form of this contract and many facts and much law bearing upon this case will be found set forth in Wilson v. Southern Pacific R. R. Co., 135 Cal. 421 , [ 67 Pac. 688 ]; Southern Pacific R. R. Co. v. Lippman, 148 Cal. 480 , [ 83 Pac. 445 ], and Southern Pacific Co. v. Bovard, 4 Cal. App. 76 , [ 87 Pac. 203 ], In brief, plaintiff agreed to use ordinary diligence to procure a patent for the land and defendant agreed to make payments on account of the purchase price of the land at stated periods and bound himself “never to deny that the tracts herein described, or any part of them, are a part of said grant, and will do no act to hinder, delay or impede the obtaining of patent for them by the party of the first part.” “In case it be finally determined that patent shall not issue to said party of the first part (plaintiff) for all or any of the tracts herein described,” the purchase money paid was to be…