Avery

Defendant has appealed from a judgment entered against him for the sum of $2,250, as principal and $630 interest. Three causes of action were alleged in plaintiff’s complaint, each of which grew out of the purchase from defendant of shares of stock in a corporation called the Pittsburg Placer Mining and Milling Company. On the ninth day of October, 1906, plaintiff purchased five hundred shares of that stock from defendant, and on the 11th of October following he purchased fifteen hundred additional shares, paying for all of the stock at the rate of fifty cents per share. On September 18, 1906, one Georgiana Avery purchased two thousand five hundred shares of the stock of the same company from the defendant, and she thereafter assigned to the plaintiff her right of action against defendant, which is made the subject of the third count of plaintiff’s complaint. At the time the sales of the several parcels of stock were made, defendant, in consideration thereof, executed a written contract, by the terms of which he agreed to repurchase the stock within eighteen months, in the event the plaintiff or Georgiana Avery became dissatisfied therewith, and to repay the amount of the purchase…