Fletcher

This is an appeal from a judgment of the superior court affirming a judgment of the municipal court in favor of the defendants in an action upon a promissory note. The findings of the municipal court recite that the sole consideration for the execution of the note was the purchase by defendants from the payee of the note of his interest in a business known as the Original Pit Barbecue, and that the execution and delivery thereof was upon the express understanding and agreement that in the event the defendants were unable to keep up the payments provided for in the note the seller and payee would retake his interest, and the liability of defendants should cease; that defendants were unable to meet the terms of the note and requested the seller to retake his interest, which he refused to do; that the assignment and transfer of the note by the payee to the plaintiff was solely for the purpose of collection and without valuable consideration therefor. The court further found that the instrument sued upon was not a promissory note for the sum of $1085, but a written instrument which incorporated an understanding and agreement expressed in writing on the reverse side of the note in…