Gay

The California National Bank of San Diego was a national banking corporation organized under the laws of the United States, and having its place of business at San Diego, California.

*456 On the twentieth day of January, 1891, plaintiff subscribed for one hundred shares of the capital stock of said corporation, and paid therefor the sum of twelve thousand five hundred dollars.

In consideration, of plaintiff’s subscribing for and payment of said sum of money for said stock, the defendants herein jointly and severally agreed with him in writing that in the event of said plaintiff “wishing to sell the said stock, at the end of one year from the date of issue, we (the defendants) will take said stock at the price paid for it, and allow the said John H. Gay, Jr. (plaintiff), ten per cent on the investment of twelve thousand five hundred dollars for the time said money was invested. Interest payable from the time the money is paid in. Said John H. Gay, Jr., agrees to give the undersigned four months’ notice of his desire to dispose of said stock.

On the fifteenth day of September, 1891, plaintiff wishing to sell said stock in pursuance of the terms of said agreement, gave to the…