Boteler

This is an action to recover the balance alleged to be due on a promissory note. The answer alleges and the court found that the note had been paid in full prior to the commencement of the action and judgment was entered in favor of the defendants. The plaintiff has appealed from the judgment. The only question to be determined is whether the note has been paid.

At all times during the transactions mentioned herein the plaintiff was the assistant secretary of the Los Angeles Wholesalers’ Board of Trade and acted in that capacity in connection with such transactions. Prior to April 8, 1925, Mayme Crew was operating as a retail merchant. She became indebted to a number of creditors and was unable to pay them. On the day mentioned she entered into an agreement with the defendant C. A. Robinson and the plaintiff, by the terms of which she agreed to sell her business and stock of merchandise to Robinson for the sum of $7,000 to be evidenced by a promissory note for that sum payable to the plaintiff and executed by Robinson and J. H. McGehee. The defendants gave the plaintiff their promissory note in accordance with the terms of the contract and Robinson and his wife, the defendant…