Webber

Appeal from a judgment entered against defendant. The action was brought to recover, first, an amount of money alleged to be owing to plaintiff from defendant as the purchase price of the goodwill represented by a milk route. There was a second cause of action which it is not material to take notice of, as there is no controversy over the correctness of the adjustment of the matters concerned therein. Plaintiff testified that he sold to the defendant the equipment and business connected with his milk route in the city of Pasadena for the sum of four thousand dollars. A bill of sale was proved to have been made which covered all of the tangible property, made up of automobile delivery wagons and a truck, milk bottles, etc., the price fixed as the consideration therefor being the total amount of $2,625. Plaintiff testified that the difference between the amount represented in the bill of sale and the four thousand dollars was to be covered by a promissory note of defendant for the sum of one thousand dollars and the balance to be paid in cash. He testified that at the time the bill of sale was made there was some talk about drawing a contract covering the sale of the milk route, and…