Eatmon v. Penland

Opinion by

FOSTER, C.

This was an action upon -a promissory note brought in the court below by plaintiff in error, P. O. Ea'tmon. as plaintiff, against the defendant in error, J. H. Penland, administrator of the estate of Martha O. Eatmon, deceased, as defendant. Parties will be hereinafter designated as they appeared in the trial court.

The note sued on was dated October 29. '1920, due January 1, 1921 thereafter, was for the principal sum of $615, upon which it was alleged that defendant was entitled to a credit of $215, leaving an alleged balance due and unpaid of $475.93. The defendant, in…