Powell v. Downing

[1] This is an action on a promissory note upon which there was an unpaid balance of $125. From a directed verdict for plaintiff, defendant has appealed.

[2] Plaintiff's petition alleged that on the 26th day of January, 1948, the defendant executed and delivered to him his promissory note for $1250 as purchase price of a one-half interest in the stock of a liquor store, which they owned in partnership. Payments had been made on the note until there was a balance due on the principal of $125, for which demand had been made and payment refused.

[3] Defendant filed an answer and what he termed a…