Wilson v. Evans

The opinion of the court was delivered by

Jackson, J.:

The plaintiff-appellee brought an action for $110,-000.00 against the defendánt-appellant in the trial court based upon the writing set out below:

“R. L. Evans & Son

“Pay Line Holsteins

“R.F.D. #2

“Hutchinson, Kansas

“May 31, .1953

“I owe C. D. Evans $50,000.00 on the Paul Woolfolk loan at Towner, Colo., and $60,000.00 on Gebhardt & Simmons loan at Salina, Kansas.

Signed

“R.' L. Evans.”

In the petition plaintiff alleged that the above instrument constituted a “writing of indebtedness made, executed and delivered” by the defendant. The action was…