Nourse v. Azvedo

This is an action to quiet title to certain real estate against the claims of the defendant growing out of a contract to purchase wherein the plaintiff was vendor and the defendant, Katie A. Azvedo, vendee, who, by cross-complaint, seeks to recover two hundred dollars, the initial payment upon the purchase price. Plaintiff recovered judgment quieting his title and the defendant, having been defeated upon her cross-complaint, appeals from the judgment against her on the cross-complaint only.

[1] By the terms of the contract time was the essence thereof. The defendant not only defaulted in the…