Merrill

Upon further consideration of this cause, after submission in Bank, we are satisfied with the conclusion which was reached by Department Two in its *289 opinion filed January 26,1894, and for the reasons stated in said opinion the judgment appealed from is affirmed.

The following is the opinion of Department Two, above referred to:

This is an appeal upon the judgment-roll, in which the plaintiff contends that she was not awarded all the relief to which she is entitled upon the pleadings and findings.

It is the second appeal in the case. The first appeal was from a judgment on demurrer, and is reported in 95 Cal. 334 , where the nature of the contract upon which action is based is fully shown.

Plaintiff recovered judgment for the money she had paid upon the contract of purchase, but was not allowed a lien upon the land. She now insists that the pleadings and findings taken together show that she is entitled to such lien, and she asks that the judgment be corrected or modified in accordance with her claim.

In pursuance of the contract of purchase, the defendant, who is the vendor, executed a deed which was placed in escrow, under the condition that “in case of default in the…