Griffith

Henry Griffith and his wife, Velma L. Griffith, appeal from an adverse judgment in an action to recover on a note executed by Robert D. Barlich and his wife, Lonnie Barlich.

The evidence discloses that in August 1955 Robert Barlich and the Griffiths agreed to purchase as partners a hardware *290 business. The Griffiths contributed $11,400 and Barlich $3,600 which he borrowed toward the purchase of the business which was purchased for $30,000. It was also agreed that Henry Griffith would join Barlich in about a year to participate in the business. In September 1956 Henry Griffith commenced working in the store. He soon became dissatisfied, principally because he had no voice in the management of the business. After some negotiation it was agreed that the Barliches would purchase the Griffiths ’ interest. The Griffiths received $400 in cash and a note for $14,600. Approximately $1,651 was paid on the principal of the note before petitions in bankruptcy were filed by the Barliches. On February 18, 1959, the Barliches were discharged from all debts and claims which by law were made provable against their estates, except such debts which by law were excepted from the operation of…