Easton

This is an appeal by defendant from a judgment against him in favor of plaintiff for $1,000, and from an order denying a motion for a new trial.

The facts found by the court are substantially as follows: On September 7, 1887, the parties made a written agreement, by which the appellant, Cressey, agreed to sell to respondent, Easton, a certain piece of land, upon these terms: Easton was to pay “ one thousand dollars cash deposit,” and on or before November 1, 1887, was to pay $2,500; and was also on said last-named day to execute a mortgage upon the land to Cressey for $3,320; then Cressey was to convey the land to Easton. It was provided in the agreement that if Easton should fail to pay the $2,500 on November 1st, “ then this contract shall be void so far as said Easton is concerned ”; and that the $1,000 cash should be retained by Cressey as “liquidated damages.” Easton paid the $1,000 when the contract was made, but did not pay the $2,500 on November 1st, because, as he says, Cressey was absent from home. Cressey, however, had left a deed conveying the land to Easton, in the bank of Modesto, at the city of Modesto, of which bank Cressey was president, to be delivered to Easton…