Schwerin Estate Realty Co. v. Slye

Plaintiff sued to quiet its title to certain real property in San Mateo County. Defendants answered,, setting up certain contracts of sale upon which they had paid to plaintiff five thousand dollars on account of the purchase price of the land. In the answer it was averred that the consideration for the five thousand dollars wholly failed because plaintiff was not by itself in possession of the land, but that the premises were held by divers persons who had growing crops thereon; and because plaintiff had failed to-account for certain, receipts and disbursements as stipulated in the…