Scott

— This action arises from a contract of sale of real estate, and was commenced to recover the sum of six hundred dollars paid to respondent and one Meux as a partial payment under the terms of the contract, and is based upon an alleged default upon the part of said respondent and Meux to carry out the terms of said contract. Glenn answered the complaint, denying the allegations thereof, and set out a cross-complaint alleging tender of the deed, demand, and refusal of the payment of the balance due, and asked judgment against Scott and his co-vendees under the contract for the balance due, and that the realty be held to satisfy such judgment. The cross-complaint was denied. Meux as a co-vendor assigned his interest to Glenn, and judgment went in favor of defendant upon the main case, and also in his favor upon the cross-complaint, and plaintiff appeals.

His appeal from the order denying his motion for a new trial must be dismissed, as no undertaking was filed therein, and the appeal from the judgment not being taken within sixty days from the rendition thereof, we cannot look into the evidence, but must confine our examination to the pleadings, findings, and judgment.

1. It is…