Folkerts v. Shields

Mr. Presiding Justice Huffman

delivered the opinion of the court.

This is an appeal from an order of the circuit court sustaining motion of appellee to dismiss appellants’ complaint.

The suit is predicated on the following writing:

“Dec. 23, 1935. I agree that just as soon as I am able, I will start to pay on the balance of my indebtedness to Mrs. Almuth Folkerts, which is twenty-two hundred and'fifty dollars.

Anna M. Shields.”

Appellee’s motion was based upon the claim that the above instrument was a conditional promise to pay, upon which suit would not lie without allegation and proof of the…