White

— The facts stated in the complaint in this case are as follows: On the twentieth day of August, 1887, the parties to the action entered into a written contract, whereby the defendant agreed to sell to the plaintiff certain lands in Santa Barbara County for the sum of one hundred and twenty thousand dollars, to bo paid as follows: One thousand dollars at the date of the contract; four thousand dollars within thirty days thereafter; thirty-five thousand dollars on or before November 1, 1887; and eighty thousand dollars at such time thereafter as the plaintiff should on November 1,1887, elect, not exceeding three years from date. The contract then says: “At the time of the payment of said thirty-five thousand dollars, the party of the first part [defendant] shall *178 execute to the party of the second part [plaintiff] a proper deed conveying to said party of the second part said land by good title, free from encumbrances, and at the same time the party of the second part shall either pay to the party of the first part the balance of said purchase price, or shall execute to the party of the first part a first mortgage on said property to secure the payment of said eighty thousand…