Reeder

Plaintiff sued as trustee in bankruptcy of California Tractors, Inc., an insolvent corporation, to recover upon a promissory note executed by defendant in favor of the corporation and given to cover payment of balance on the purchase of stock of the corporation. The. cause was tried on an agreed statement of facts and judgment went for the defendant. Findings were waived and the plaintiff presents this appeal from the judgment on the roll and a bill of exceptions containing the statement of facts.

The note upon which the suit is based was executed February 2, 1922, by the defendant. He agreed to pay the corporation $300 ninety days after date, with interest at seven per cent and a reasonable attorney’s fee if suit were brought for collection. In the' statement of facts it was agreed “that on said 2nd day of February, 1922, defendant agreed to buy from said corporation, and said corporation agreed to sell to defendant five (5) shares of the capital stock of said corporation for the sum of five hundred ($500.00) dollars, to-wit: at the rate of one hundred ($100.00) dollars per share; that thereupon and on said date, defendant paid said corporation, for said stock, the sum of two…