Haile

Ejectment.

The plaintiff alleges that on the 24th of September, 1891, he was the owner in fee of a certain lot of land in Alameda, and that, on that day, he entered into an agreement with the defendant for the conveyance of the land to him upon certain terms therein expressed. By the terms of the agreement, which is set forth at length in the complaint, the defendant agreed to pay for the land three hundred and fifty dollars, one hundred dollars at its execution, one hundred dollars before January 1,1892, and the balance, one hundred and fifty dollars, on or before January 1, 1893. The time for this last payment was subsequently extended for another year. The agreement also contains the following clause: “ Time is the essence of this agreement, and a failure to comply with the terms hereof, or to make the *660 payments for said premises as herein provided, for a period exceeding sixty days from the date when any payment shall become due and payable by the said party of the second part, the said party of the first part shall be released from all obligations in law or equity to convey said property, and said party of the second part shall forfeit all right thereto, together with…