Harrison

Defendant Homer Cook has appealed from that provision of the judgment that denied him any relief on his cross-complaint and also from those provi sions of the judgment that tied his hands so that in the future he can never make any use of the five promissory notes that were the main basis of his cross-complaint. We have concluded that because of his breach of the contract of which the promissory notes were an integral part, the judgment was proper and should be affirmed.

This is a judgment roll appeal and we gather the facts partly from those agreed upon in the pretrial statement, mostly from the 44 findings of fact with which the trial court rendered its decision. It appears that defendant Homer Cook for a period of some 36 years was identified with the Cook-Nichols Company, which was at first a partnership, then a corporation. It was engaged in the electrical wholesale supply business in the City of Pasadena and defendant Homer Cook was first a partner; then, sometime before 1957 he became the owner of substantially all the common stock of the company.

In September of 1957 defendant Homer Cook entered into a contract with six of the plaintiffs whereby he sold, they bought, all…