Wainwright

The complaint herein sets forth this state of facts: That on or about the 21st of April, 1884, the plaintiff was the owner of one half interest in a certain liquor business carried on in the city and county of San Francisco under the firm name of Wainwright & Hey, and the holder of ten thousand dollars in promissory notes against said firm; the Wainwright of this firm was the plaintiff; that on or about said 21st of April the defendant was the owner of ten shares of the *194 capital stock of a corporation, the Golden Age Mill Company, doing business in the city and county aforesaid; «, that on or about said day of April defendant procured the plaintiff to purchase from him said ten shares of capital stock through fraud; that the facts constituting the fraud are the following: The defendant desired to purchase of plaintiff the said interest of plaintiff in the liquor business mentioned; and the promissory notes aforementioned; that defendant was unable to pay ready money for the said interest and notes, but proposed that if plaintiff would accept for this interest and notes in lieu of cash ten shares of the Golden Age Mill Company he (defendant) would transfer the stock to…