Brander

Action to foreclose the rights of a vendee under a contract for the purchase and sale of land. PlaintiE had the decree, from which, and from an order denying defend *256 ants’ motion for a new trial, defendants appeal. Findings of fact were waived, and the cause was heard upon a “stipulated statement of facts,” from which the following appear: “On June 10, 1892, plaintiff and defendant Brander entered into an agreement by which plaintiff agreed to sell and Brander agreed to purchase certain twenty-nine thousand acres of land, situated in the county of Sutter, for the sum of fifty thousand dollars, as follows: Five hundred dollars on executing the agreement; two thousand five hundred dollars thirty days from its date; three thousand dollars one year from its date, and the balance, forty-four thousand dollars, two years from date. Brander was given possession, with the right to rents and profits, and was to pay the taxes on the property and five hundred dollars a year as rental, but no interest on the deferred payments of the purchase price. The contract of sale also included certain levee district warrants to go with the land. Brander made the cash payment of five hundred dollars…