O'BRIEN v. Kemper

Nelson, Justice.

This case comes before us on an appeal from a judgment on the pleadings entered on behalf of plaintiff and from orders denying motions by defendant to vacate the order directing entry of the judgment and the judgment itself and to permit him to interpose an answer.

The action was brought to recover $3,500, the balance due on a note executed and delivered by defendant to plaintiff March 15, 1963, and payable 1 year after date. The note represented the balance due on the purchase price of a property which plaintiff deeded to defendant upon receiving a payment of $5,000 in cash…