Edwards

The action was based upon three certain promissory notes, each for the sum of $266.66, dated Modesto, September 27, 1910, payable, respectively, on the fifth days of April of 1913, 1914, and 1915, executed by defendant and payable to the order of plaintiffs.

It is deemed proper first to explain that the notes sued on were given by Baker to the plaintiffs as the result of the compromise of a suit brought against the latter by the former, upon a quantum meruit, for the reasonable value of services performed by the plaintiffs in negotiating the sale of certain lands for the defendant to one P. Weisendanger. The following clause was contained in each of the first two notes declared upon: 1 ‘ Said note to be paid only out of the money to be paid by P. Weisendanger or his assigns for purchase price of G. L. Baker ranch and not out of interest." The third note contained a similar clause, with the exception that instead of “G. L. Baker ranch," it referred to “Gilbert ranch." It appeared that this was a mistake of the party who drew up the notes, the defendant’s first name being Gilbert and the intention being to refer to the Baker ranch. It also appeared that the true name of the party…