Seaver Ex Rel. Seaver v. Stratton

—In April, 1926, Ethel B. Seaver and her husband, Vernon C. Seaver, sold a certain yacht named "Romance” to Francis A. Stratton for $25,000. Of this consideration, $18,611.11 was paid in cash and the balance of $6,388.89 was paid with a note executed to Stratton by Alfred D. Marsh and Marie D. Marsh, his wife, in 1925, as part payment for some real estate.

The note not having been paid, the Seavers brought this action on February, 1935, against Stratton to recover the face of the note with interest. After much pleading not essential to detail, the cause went to trial on the issue of whether…