Nichols v. Galpin

The following opinion was filed February 10, 1925:

Rosenberry, J.

The plaintiff upon the trial abandoned all claim for the relief prayed for in his complaint, no doubt for the reason that there was no evidence which tended to prove that it was ever the mutual intention of the parlies to insert a-clause in the contract of October 28, 1920, limiting the liability of the plaintiff. At most the evidence offered by the plaintiff tended to show that the note and mortgage were delivered with the understanding that the corporation should do something to relieve the plaintiff from personal liability on…