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.

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

The legal issues presented in this case will be displayed here.

The applicable rule of law for this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.