Sparks v. Mauk

Plaintiff, who had been the owner of a fuel and feed business in the town of Santa Clara, sold that business to F. P. Mauk and son. Mauk and son, in turn, sold it to Mrs. M. Y. Mauk. Plaintiff held the note of defendant F. P. Mauk and F. Y. Foster for the sum of one thousand dollars, and began suit upon this note, attaching the business of appellant. Negotiations followed this suit and the parties entered into an agreement, by the terms of which plaintiff was to repurchase the business, paying therefor one thousand and eighty-five dollars, and the value of the stock on hand. The note in suit…