Jewell

The plaintiff appeals from a judgment against Mm in a suit against J. J. Gomes, A. J. Martin, Thomas W. Costello, and Thomas J. Henderson, to recover on a contract for the balance of the purchase price of his interest in a business carried on in the name of the GomesJewell Tire Company. The defendants, Costello and Hen derson, were awarded a judgment for costs, and are the respondents. No brief has been filed in their behalf.

[1] Under an agreement with the Aero Cushion Tire Company, a corporation, George A. Le Doux, C. 0. Jewell, and J. J. Gomes acquired an agency for the sale of automobile tires. Shortly after this contract was made Jewell, as party of the first part, entered into a contract with the defendants, reciting the sale of his interest in the business for $1,635.15, of which five hundred dollars was represented by a promissory note payable in ninety days, and the balance, $1,135.15, was to be paid from five per cent portions of the gross sales of the aero cushion inner tire under the first contract mentioned, the partial payments to be made at stipulated times. The contract then provided: “In case the parties of the second part should, through their own fault, cease…