Zehring v. Driskel

The opinion of the court was delivered by

Wertz, J.:

Plaintiff (appellant) brought this action, as payee of a promissory note, against defendants (appellees), the makers thereof, to recover money allegedly due under the note and contract made a part of the petition. From an order sustaining defendants’ demurrer to the petition as amended, plaintiff appeals.

Plaintiff, J. C. Zehring, alleged that on December 16, 1949, defendants, Cletus and Hazel A. Driskel, executed and delivered to him a promissory note in the sum of $12,000; that consideration for the note was $6,000 in cash advanced by…