Tidwell v. O'Bryan's Adm'r.

Opinion of the Court by

Stanley, Commissioner

Reversing.

The appellant, George W. Tidwell, sued the administrator of the estate of W. C. O’Bryan, deceased, on a promissory note for $500. His evidence, however, tended only to show that the writing, although in the form of a note, was, if genuine, but a memorandum of the fact that the decedent had received, that sum of money from the plaintiff on the purchase price of real estate which O’Bryan was to convey Tidwell upon payment of the balance. Because of the variance the judgment for the plaintiff was reversed. Hanner v. Tidwell, 291 Ky. 427, 164…