Butterfield

Appeal from a judgment entered in favor of plaintiff and against defendant. The record on appeal consists of a judgment-roll.

The substance of the facts set out in plaintiff’s complaint is contained in the following narrative: Defendant John T. Harris was the inventor and owner of a certain device, process, and apparatus designed for purifying water and other liquids. Being without funds to secure patents to protect his invention and process, he solicited the plaintiff to advance to him money to meet his expenses in that direction, and prior to the twenty-second day of September, 1905, plaintiff had advanced to defendant about the sum of one thousand dollars. On the date last mentioned a written agreement was entered into between the parties by which it was provided that Harris was to transfer to a corporation called the Acme Holding Company, which had theretofore been duly organized, all his patent rights and that he was to sell to plaintiff one-fourth of the capital stock of said corporation in consideration of the payment by her of the sum of twenty-five thousand dollars, ten thousand dollars of which amount was to be paid on or before April 1, 1906, and the remainder thereof,…