Luette v. Bank of Italy Nat. Trust & Savings Ass'n

KERRIGAN, District Judge.

This is an appeal from an order dismissing a third amended and supplemental bill of complaint and from the decree of dismissal entered thereon.

The complaint alleges that the plaintiffs entered into a contract in June, 1926, with the predecessor in interest of the defendant for the purchase of a certain parcel of real property. The purchase price was $6,500, $1,625 of which was paid at the time of the execution of the contract. The balance was to be paid in monthly installments, which plaintiffs paid to July, 1928; the complaint showing that such payments would…