Tibbet v. Zurbuch

— Appellee was plaintiff below, and bottomed Ms action upon the following contract: “In consideration of the sale and delivery to me of the stock of goods and per*355sonal property by George Zurbuch as evidenced by his bill of sale therefor to me given, the consideration thereof being stated as $1,912, I agree to and with the said George Zurbuch to assume the payment of the following described notes: Three notes dated January 16, 1888, calling for $500 each and executed to Solomon Eothsehild by said George Zurbuch, Francis J. Zurbuch and Harmon Tibbet as security, and one note dated October 23,…