Ellet

This is an action to recover upon a promissory note. The case was tried by the court, sitting with a jury, and after a verdict in favor of plaintiff judgment was entered accordingly. Defendant’s motion for a new trial was denied. From the judgment so entered this appeal is taken.

Issue was joined on the complaint of plaintiff and the answer and cross-complaint of defendant. It is conceded that the allegations of the cross-complaint are not material on this appeal, and, therefore, we omit further reference thereto and consider the case on the issues joined by the complaint and answer.

The note sued upon was signed “The Los Altos Country Club Properties Inc., L. G. Monroe, Pres., Lawrence F. Miller, Treas., ’ ’ and bore the seal of the corporation and was made payable to plaintiff herein.

Defendant corporation contended in the court below, and likewise contends here, that as far as it was concerned there was no consideration for the execution of the note, or at best a consideration which failed, and that therefore the verdict and judgment are against the evidence and contrary to law.

The controversy centers about the purchase of certain lands in Santa Clara County. Much evidence…