MacKay

Plaintiff sued to have a certain contract for the sale by it of land to the defendant declared at an end by reason of defendant’s breach thereof; to obtain a decree for the removal of defendant from the land involved in the contract ; and to quiet title to said real property. Defendant demurred to the complaint, and the demurrer being overruled, answered and also pleaded a counterclaim. Demurrers of plaintiff to defendant’s pleadings were sustained without leave to amend, and after the taking of testimony judgment was entered in favor of plaintiff as prayed. Prom this judgment defendant appeals.

The only objection to the sufficiency of the complaint which is urged by appellant’s counsel in their briefs is that the pleading does not indicate whether or not the defendant was served with notice to quit the premises prior to the commencement of the action. This objection is without merit. The contract, which was fully set forth in the complaint, provided that if any installment of the purchase price, interest, or taxes should become due and be in default for sixty days, Los Molinos Land Company might terminate all of the rights of the holder of the contract by notice in writing…