McNAMEE, Justice.
This is an appeal from a judgment and an order denying a new trial.
Appellant agreed to sell to respondent, and respondent agreed to buy from appellant a house and lot for the sum of $9,000 payable as follows: $200 cash, assumption by the buyer of a prior note and deed of trust covering the premises, upon which there was an unpaid balance of $2,100.96, and a promissory note for the balance in the sum of $6,699.04 secured by a second deed...
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