Barrager

This action was instituted for the purpose of recovering the sum of $2,750 alleged to be due plaintiff on the sale of a certain business carried on in the city of Los Angeles, formerly owned by plaintiff, and by her sold to defendant on April 4, 1921. Defendant, after denying certain allegations of the complaint, set up as an affirmative defense, that he purchased the business and the property pertaining thereto from the plaintiff and her husband, paying therefor the sum of $4,115 in cash and giving his check for $2,750 additional. He admitted said check had not been paid. He further alleged that plaintiff and her husband executed to him a bill of sale of said business and property, wherein they transferred said business and property, together with the goodwill of said business to defendant, and ' further promised not to carry on or engage in a similar business within the city of Los Angeles for a period of one year, and that they would not use in the state of California, the formulas used by defendant, or which .had been theretofore used by plaintiff in said business; that immediately after said sale the plaintiff and her husband conspired to destroy defendant’s business and to…