[ CA No. 43. May 31, 1947 ]

[ CA No. 43. May 31, 1947 ]

CA No. 43

[ CA No. 43. May 31, 1947 ]

GALICANO HERNANDEZ, PLAINTIFF AND APPELLANT, VS. FRANCISCO CALZADO, ET AL., DEFENDANTS AND APPELLEES.

D E C I S I O N

GALICANO HERNANDEZ, PLAINTIFF AND APPELLANT, VS. FRANCISCO CALZADO, ET AL., DEFENDANTS AND APPELLEES.

SALE WITH RIGHT OF REPURCHASE; RELATED ATTEMPT TO REPURCHASE.—Plaintiff filed a complaint praying that defendants be required to re-sell to him the land in question in accordance with their contract with right of repurchase. Defendants answered that plaintiff's right to repurchase had already expired. Held: The evidence shows that plaintiff belatedly attempted to make the repurchase.