Defendants executed two notes for $385 in payment of a commission for selling land, and payable only in the event that the vendees of the land remained on it for one year and made improvements equal in value to the notes; the vendees plowed one hundred acres of land, which increased its value $2.50 per acre, erected buildings, and constructed drainage worth $75, and a levee worth $64; but, with the consent of the defendants, to whom they executed a reconveyance, abandoned the premises before the expiration of a year. Held, that a finding that there was no failure of consideration for the notes, was proper. Eastern Packing Co. v. Kennedy, 131 Cal. xviii, 63 P. 130.