Pond

Appellees brought this action to compel the specific performance of a contract made by E. P. Pond for the sale to them of a building in Juneau, Alaska, dated April 26, 1927, reciting the payment of $1,000 as part payment of the purchase price of $11,000, and providing that the balance should be paid on April 30, 1927. The contract provided that the property should be free and clear of all encumbrances; it recited the fact that the building was occupied by the Winter & Pond Company; it contained an agreement that the appellees, as purchasers, would rent to the seller certain portions of the building then occupied by the Winter & Pond Company for the sum of $25 per month for a period of five years. Two days later, April 28, 1927, the vendor, E. P. Pond, repudiated the agreement, returned the $1,000 purchase price, which the purchasers refused to accept, and on the 30th day of April, 1927, the vendee tendered to the seller the balance of the purchase price; that is to say, a total of $11,000. Harriet M. Pond, the wife of E. P. Pond, filed a complaint in intervention in which she alleged that she was the wife of E. P. Pond, that the property was acquired by the joint efforts of…