Cappellino

This appeal is from a judgment of the superior court in and for the county of Los Angeles, made and entered in the plaintiffs’ favor, canceling a certain contract which had been entered into between the parties to this action for the sale and purchase of a certain tract of land, by the terms of which the defendant and appellant Moore had agreed to purchase and to make certain installment payments upon the purchase price of said land. Having failed to make payment of certain of these installments plaintiffs elected to declare a forfeiture of the contract and to procure a cancellation thereof by means of this action. Upon the trial of the cause upon the issues framed by the pleadings the trial court made its findings in favor of the plaintiffs and thereupon entered the judgment from which this appeal was taken. The date of the entry of the judgment was July 11, 1925, and the date of the defendant’s appeal therefrom to this court was August 7, 1925. The opening brief of the appellant was filed on January 4, 1926. No respondents’ brief having been' filed, this court on November 2, 1928, issued and caused to be served upon counsel for the parties to this appeal an order to show cause…