Wilson v. Smith

Opinion of the Court by

Judge Sampson

Affirming.

In August, 1919, appellee, Smith, sold C. R. Wilson a farm in Calloway county for $5,000.00, $1,000.00 cash in hand paid, the balance being represented by four notes of $1,000.00 each, due June 3, 1920; June 1, 1921; June 1, 1922, and June 1, 1923, each hearing six per cent interest from date. Appellant, Lee Wilson, is a brother of the grantee, C. R. Wilson. Smith left the notes for safekeeping at a bank. When the first one became due the payor did not have all the money but he gave Smith a check for $400.00 on the Kirksey bank which was later…