Woolley

The plaintiff brought this action to recover the sum of four hundred dollars, balance of purchase-money due for certain real property sold by him to the defendant, and to foreclose a vendor’s lien on the property therefor.

The court below gave judgment for the plaintiff according to the prayer of his complaint, and the defendant appeals from the judgment, and an order denying his motion for a new trial.

Only two points are made by appellant. They are, that the judgment should be reversed upon the grounds, — 1. That the plaintiff by his delay lost his rights; and 2. That there was no vendor’s lien which could be enforced in the action.

As to the first point, the court found, in effect, that the delay complained of was by agreement with and consent of the defendant, and therefore that any objection on account of the delay was waived. It would sub-serve no useful purpose to state the evidence bearing *71 upon this question. In our opinion, it was fully sufficient to justify the finding, and hence this point cannot be sustained. .

The second point is based upon the theory that the plaintiff sold and assigned his claim for the four hundred dollars unpaid purchase-money before the…