Does a purchaser of real property who has not fulfilled all of the conditions of a sales agreement before the bringing of an action to quiet title against the vendor have an interest which is not affected by litigation to which he is not a party?

A purchaser of real property who has not fulfilled all of the conditions of a sales agreement before the bringing of an action to quiet title against the vendor has an interest which is not affected by litigation to which he is not made a party. While in these circumstances he would be a conditionally necessary party he would not be an indispensable party. In Lee v. Silva, 197 Cal. 364, 373, 240 P. 1015, 1018 it is said: 'It is the rule, generally, that a person having acquired a contractual interest in land, even though the contract be executory in its nature, prior to the institution of an action affecting the land, must be made a party to the action, and, if not so made, a party will retain the right to clothe his equity with the legal title as if no action had been instituted, and this is so even though such person does not complete the payment of [206 Cal.App.2d 433] the purchase price of the land nor receive a conveyance of the legal title thereto until after the institution and during the pendency of the action. The effect of this rule is that the purchaser under an executory contract of purchase and sale made before the institution of an action affecting the land is a prior purchaser, whose rights therein are not subjected to a subsequent lis pendens.'