Mauzy

This is an action upon a note in the sum of $1600, executed by defendant to the order of one E. IT. Mauzy, one of the plaintiffs, and who assigned same to the parties bringing this suit.

The circumstances under which the note was given were, briefly, as follows:

Apparently being unable to complete the purchase of the property within the time provided by the escrow, said Crittenden on January 21, 1926, paid to the plaintiffs the sum of $4,000 on account of said purchase, and at the same time said escrow agreement was modified so as to grant to Crittenden an extension of time to March 20, 1926, within which the balance of the purchase price might be paid, and also so as to grant to him the right to three additional extensions thereafter of thirty days each, upon the payment each month in advance of $1600, it being agreed, however, that no part of such monthly payments should apply on the purchase price. Said escrow agreement, as thus modified, was originally signed by the plaintiff E. H. Mauzy, and the said Darnell, as agent for the remaining plaintiffs, but the latter shortly thereafter ratified such modification in writing. On or about February 17, 1926, Crittenden assigned to…