Estes

This is an action to recover upon a promissory note, alleged to have been executed in favor of the plaintiff by the defendants for the sum of five 'hundred and fifteen dollars.

The action was tried by the court, without a jury, and the plaintiff was given judgment for the sum of $776.33, the amount of the principal and the accumulated interest thereon.

This appeal is by the defendants from the judgment, supported by a transcript of the testimony made up in accordance with the provisions of section 953a of the Code of Civil Procedure.

The answer, as originally filed by the defendants, admitted the execution of the note and the purpose for which it was made and delivered to the plaintiff, but denied the legal validity of the instrument by setting up, by way of a special defense in avoidance thereof, that it had been procured by the plaintiff through misrepresentation and fraud as to the con sideration therefor. To this answer a demurrer was sustained and the defendants thereupon filed an amended answer, in which they 'directly set up a failure of consideration for said note in this: That, at the time they executed and delivered to the plaintiff the note in question, an oral…