Cavasso

Plaintiff brought this action seeking to recover upon three promissory notes for one thousand dollars each. Judgment was entered for the defendant, and the plaintiff appeals.

The defendant, by failure to deny, admitted the execution of the notes, denied that they have not been paid, and averred a failure of. consideration therefor. He further alleged that the notes were procured by plaintiff through fraud and deceit. In this connection defendant averred, and the lower court found, that for some time prior to the making of the notes plaintiff and defendant were engaged in the manufacture, buying, and selling paints, glass, oils, and other merchandise, as copartners, under the firm name and designation, “ Downey-Cavasso Class and Paint Company,” with a place of business in the city of Oakland, and that they continued to engage in and conduct said business under that name, and as such copartners, until October 31, 1914, the date of the notes sued upon; that on that date the plaintiff sold to defendant all his right, title, and interest in the business, and the goodwill thereof, to defendant, and that defendant purchased the same from the plaintiff, relying upon the representation…