Waldo v. Whitescarver

Plaintiff in error was plaintiff in an action against defendant in error to recover upon a contract signed by the defendant in error, which was connected with a promis*308sory note, executed by the defendant and two others, to the order of the plaintiff.

In an action upon the note, it was determined, in the case of Whitescarver v. Waldo, 69 Colo. 356, 194 Pac. 618, that defendant was not liable on the note, and the contract here in suit was referred to as possibly creating a different liability, and, if so, it must be upon a consideration. In this action, the court, having heard evidence, found…