Merrill

On August 29, 1887, a written contract was executed by and between F. H. Merrill, Otto Froelich, and 0. T. Hopkins, by the terms of which Merrill agreed to sell to Froelich an undivided one-sixth part in the south half of the northeast quarter and the southeast quarter of section 21, township 2 south, range 13 west, San Bernadino base and meridian, known as the “ Merrill and Hancock tract,” and “ being the interest to which said Merrill is entitled under the will of his late father, Ed. Merrill, deceased, for the sum of twelve thousand five hundred dollars, to be paid as follows”: $1,500 on the execution of the agreement, the receipt of which is acknowleged; $1,500 in sixty days from date of agreement; $4,750 in six months; and $4,750 in nine months from date. The agreement then proceeds as follows: “ The deed of said lands from said Merrill to said Froelich is placed herewith in escrow, with said Hopkins, .... to be held by said Hopkins until the final payments are made to said Merrill as above stated. In case of the default in the payment of the sums of money paid as herein named, .... then said sums of money are to be considered forfeited by said Froelich to said Merrill, and…