Duncanson

The plaintiff and his assignors entered into separate agreements with the defendants for the purchase of certain lots of land, by which they were to pay a certain portion of the purchase price at the dates of the agreements, and other installments thereafter monthly, until the whole price should be paid, at which time the defendants were to execute a conveyance of the lands. After several monthly payments had been made, differences appear to have arisen between the defendants in regard to the land, and notices were sent to the plaintiff and to his assignors by the defendant Walton, directing them not to make any more payments on the agreement until further notice; and from the defendant Slielper, not to make payments to anyone but to him. In the agreements it had been provided that the money should be paid at the office of McGarvie & Co. in San Francisco, and notices were also sent by *518 McGarvie & Co. not to pay any more money until further notice. McGarvie & Co. also refused to receive the money when it was tendered to them. Thereupon, the present action was brought to recover the amount of the payments that had been made by the plaintiff and his assignors. The court rendered…