Wells

This action is brought to recover $400, for so much money alleged to have been had and received by the defendants for the use of plaintiff. Plaintiff had judgment for $350, interest, and costs, from which judgment, and from an order denying their motion for a new trial, defendants appeal. On the second day of September, 1892, W. N. Snow and Mrs. W. N. Snow, his wife, as parties of the first part, entered into a written agreement with B. C. Wells, the plaintiff and respondent herein, by the terms of which, in consideration of $13,000, they agreed to sell to said Wells a certain tract of land and certain personal property thereon situate, in Fresno county, California, payments to be made by said Wells as follows: $400 down, the receipt of which is acknowledged; $4,000 on or before January 1, 1893—possession to be given to Wells upon said payment of $4,000. The residue of the payments were to be made as follows: $2,600, January 1, 1894; $3,000, January 1, 1895, and $3,000 on January 1, 1896—with interest on all deferred payments except that of January 1, 1893, at eight per cent per annum. B. C. Wells failed to pay the sum of $4,000 on the 1st of January, 1893, and has never paid or…