Frazier
Frazier v. David
Opinion
Lead Opinion
Waste, J.
The plaintiff brought this action to recover on a promissory note for the sum of $1,337.10 executed in renewal of one about to become barred by the statute of limitations. He recovered judgment for the amount of the note, unpaid interest and costs, and the defendants have appealed.
The original transaction between these parties grew out of the purchase of a tract of land belonging to the Kern County Land Company by the defendant V. W. David. Roland Greene held a contract of purchase of the land, which he had assigned to the plaintiff as security for the payment of a promissory note for the sum of one thousand six hundred dollars. Greene sold his interest in the contract and in the land, and in certain personal property to V. W. David for the sum of six thousand dollars. That sum was agreed to be paid in several items, one of which was a promissory note for one thousand three hundred dollars, executed by the defendant to plaintiff, and another a promissory note for one thousand six hundred dollars, also executed to the plaintiff by V. W. David and Roland Greene. The note for one thousand three hundred dollars not being paid, and the statute of limitations being about to run…