Homer S. Head v. A. A. Wollmann, Jr., A. A. Wollmann, Jr. v. Homer S. Head

(concurring in affirmance, but dissenting from the failure to modify and increase the judgment) .

While I concur to the extent of at least affirming the judgment against *307Head, I could hardly do so if I were not of the opinion that Head is liable on the promissory note the same as Edmiston. Butterfield’s letter proposal (Plaintiff’s Exhibit No. 1) and Head’s letter (Plaintiff’s Exhibit No. 2) each stated that Head’s obligation to repay the $50,000 to Wollmann would be evidenced by a note. The only language that I find in the agreement (Plaintiff’s Exhibit No. 3) obligating Head to pay the sum…