This section contains the nature of the case and procedural background.

P and D entered into a written contract wherein P agreed to purchase, and D agreed to sell a tract of land for $1,500.00, payable in installments according to a schedule which called for the last payment to be made on April 1, 1961. P did not make a single payment on time, and on April 1, 1961, when, according to the contract, the full price should have been paid, P had made payments totaling less than one-half of the purchase price. On July 6, 1961, the date of the last payment made by P, he had paid only $1,070.00, leaving a balance of $430.00 unpaid and overdue since April 1, 1961. D conveyed the land to Hernandez in 1962 for a cash consideration of $1,300.00. P sued D for restitution. The trial court entered judgment for P in the sum of $1,512.60. This included $1070 for payments, interest and also $250 in architect fees. D appealed.

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