Security Investment Co. v. Bartram

Theplaintiff, a corporation, brought this action to secure a judgment for installments alleged to be due and unpaid upon a contract for the purchase of land. The complaint was attacked by a general demurrer which was overruled. While a partial transcript of the testimony is before us, the points presented for decision are upon the judgment-roll alone.

1. It is the contention of the appellant that plaintiff’s only remedy is for damages as provided in section 3307 of the Civil Code, or for the specific performance of the eon-. tract. In this he is mistaken. [l] The plaintiff has the right to sue…