Nixon v. Buckeye Bldg & Loan Co.

*262OPINION

By BARNES, J.

Aside frozn the claizned eiwor in sustaining demurrer to the cross-petition, the re*263maining error is buttressed around the contention that the separate signed agreement to pay on the part of Nixon was without consideration, and that by reason thereof no personal • judgment should be entered against him. We think that the defendant Nixon’s answer in the admission that he assumed and agreed, in writing, to pay the note removes as an issue in the case the question of consideration. In our judgment the legal effect of the- words “assumed and agreed” is the admission of an act…