Ortega

Action to recover balance of unpaid purchase-money for land sold and conveyed by plaintiff to defendant. Judgment for defendant, from which _ plaintiff appeals on the judgment roll.

It is alleged in the complaint that on or about November 22,1888, the plaintiff agreed to sell to the defendant, and the defendant agreed to purchase from the plaintiff, one undivided third part of a tract of land, described in the complaint, containing about one thousand acres, of the value of not less than three thousand three hundred dollars, for the consideration and upon the terms hereinafter stated; that at the date of the said agreement the plaintiff was indebted to various persons in various sums, amounting to about fourteen hundred dollars; “ that as part of the consideration for said purchase, defendant agreed to pay off and discharge all of plaintiff's aforesaid indebtedness, amounting to about said sum of fourteen hundred dollars, and for the remainder of said consideration, to pay to plaintiff, over andn above said indebtedness, the sum of fifteen hundred dollars, and in earnest of said agreement, said defendant then and there paid plaintiff the sum of twenty-five dollars, part of said…