Davenport v. Dickson

The opinion of the court was delivered by

Fromme, J.:

This action was brought to recover the balance due on a promissory note executed by Dale E. Dickson, and which Robert L. Ard assumed and agreed to pay in a separate written instrument. Dickson set up the defense of novation based on the separate written instrument signed by Ard. Ard set up a defense of failure of consideration for his agreement to assume the debt. The defendant Dickson in his answer to plaintiff’s petition pled that the written instrument entitled “Memorandum of Stock Sale,” which will hereafter be copied in full,…