Hardwick v. Fitzpatrick

Opinion op the Court by

Judge Thomas

Affirming.

On October 9, 1937, the appellees and two of the defendants below, Mary Fitzpatrick and her husband, Clarence Fitzpatrick, executed a note to the appellant and plaintiff below, Walter Lee Hardwick, agreeing and promising to pay him $1100, payable $20 each month until August 19, 1938, when the unpaid balance became due and payable — the note drawing interest at the rate of 6% per annum. The consideration for it was a deferred payment on the price of a house and lot sold by plaintiff to defendants, and a lien to secure its payment was reserved in the…