English

The plaintiff sued to recover the amounts due on two promissory notes. Judgment went for the plaintiff and the defendants have appealed.

The controversy arose out of a real estate transaction. An alfalfa farm near Fresno was owned by Mr. Mason. He entered into a contract by which he agreed to sell to J. J. Williams and R. L. Inman. Inman was to purchase an undivided two-thirds and Williams was to purchase an undivided one-third. The terms of that instrument were such that the purchasers were to go into possession and one-half of the alfalfa hay was to he delivered to Mr. Mason. After the purchasers had been in possession for a period of time they allowed C. R Shipley to farm the alfalfa, harvest the hay and deliver to Mr. Mason the portion to which he was entitled under the contract. After that arrangement had been followed for a while, on the fifth day of June, 1922, Shipley made oral contracts. By the terms of one agreement he agreed to purchase the two-thirds interest of Inman, and by the terms of another agreement he agreed to purchase the one-third interest of Williams. As to Williams the purchase price was $933. Of that sum Shipley paid in cash $133 and executed two…