Boas

One Rosenthal and the appellant entered into the following contract: “This agreement, made the twentieth day of August, 1887, between William Farrington of Santa Clara County, state of California, the party of the first part, and Joseph Rosenthal of the city and county of San Francisco, state of California, the party of the second part, witnesseth: The party of the first part has this day agreed to sell, and deed, by bargain and sale deed, his ranch in Santa Clara County, bounded as follows: On east by Quito road; south by lands of Mitchell, Neva, and Cox; west by Campbell's Creek; north by lands of T. Scully, and a short portion of the Saratoga Avenue, containing about 210 acres,-—• together with all improvement thereto belonging, for the price of two hundred and fifty dollars per acre, payable as follows: Five thousand dollars on the signing of this agreement, twenty-one thousand two hundred and fifty dollars on the twentieth day of September, 1887, and the balance on or before two years; with interest at eight, per cent per annum, payable semi-annually, with bond and mortgage secured on the within-described premises; title to be good, or the money to be refunded; party of the…