Russell

This is an appeal from a judgment for the plaintiff. The action was instituted to recover from defendant the sum of five thousand dollars damages, and to obtain an injunction restraining the defendants from carrying on the business of undertakers in the town of Lakeport, California. Judgment was entered in favor of plaintiff for damages in the sum of one thousand dollars, and also granting the injunction prayed for.

The facts, briefly stated, are as follows: The plaintiff is the father of the defendant, A. M. Russell, and the two defendants are husband and wife. In the year 1913, the plaintiff purchased an established undertaking business, and the stock thereof, and employed the defendants, who are experienced undertakers, to operate and conduct the said business for him. At this time it appears that plaintiff orally gave the defendants the right to purchase the said business upon terms agreed upon between them. This arrangement continued until the 23d of April, 1914, when the parties entered into a written executory contract of purchase and sale of the said business. Under this executory contract, the defendants were put into possession of the business. The agreement provided…