Thomas

This is a special assumpsit upon a contract by which defendant agreed to convey certain land to the plaintiff. The first count of the complaint, which was filed September 24, 1894, avers, in substance, that on the twelfth day of December, 1887, in California, plaintiff and defendant entered into a written contract by the terms of which defendant agreed to sell to plaintiff lot 11 in block 358 of Pacific Beach for $500, with interest on deferred payments at ten per cent per annum, payable $167 at date of agreement, $166 and interest June 12, 1888, and $167 and interest December 12, 1888; and defendant further agreed that, “in consideration of plaintiff making such payments, to execute to him upon his demand a grant deed conveying to him the real property above described. ’ ’ The complaint then avers the payment by plaintiff of the sums at the times specified therefor, except that the last payment was made before due, viz., October 10, 1888, and that a discount of five per cent was made on account of such sooner payment. Total amount paid, $512.90. That in September, 1891, plaintiff demanded a deed, which defendant neglected and refused to execute. On the seventh day of October,…