Calabrese

Action for rescission, damages, injunction and declaratory relief. Plaintiffs are relatives by blood or marriage of Samuel Ray Calabrese, who directly or through corporations controlled by him had purchased, between April 1, 1959, and May 9, 1960, four operating drug stores from Owl Drug Co. (a subsidiary of Rexall Drug & Chemical Company, later merged into it) and had given as consideration therefor six promissory notes upon which there was unpaid principal in the amount of $169,370 on March 1, 1961. Sam was personally liable on all of them and plaintiffs James, Samuel, Jr., and Mario were also obligated as makers of one of the notes in the principal sum of $74,737.63. The three had an interest in the drug stores or gained their living through their operation. Defaults soon occurred in payments due under the notes, and the situation reached the point where, on or about February 11, 1961, Sam met with Mr. Fisher, the president, Mr. • Clemenson, the vice-president of Owl, and Mr. Krieger of North American Credit Association, and there offered or agreed to give security to be furnished by members of his family. This and subsequent meetings eventuated in a written agreement of March…