California Supreme Court March 20, 1901, L.A. No. 763. (Southern Pacific R.R. Co. v. Choate)

VAN DYKE,J.

—The action is for the balance of the unpaid purchase price for certain tracts of land in San Bernardino County,' and to foreclose the right of the defendant

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therein. The complaint contains two counts, each declaring upon a separate contract for a separate tract of land. Judgment went for the plaintiff as to the first count, and in favor of the defendant as to the second.