Peterson v. Schoonover

This is an action upon a promissory note.

Plaintiff sold his ranch to defendants for $25,000. He received $9,000 cash, and a promissory note and mortgage for $16,000. In December, 1949, there was a balance of $4,347.85 due on the note. Defendants claim this has been discharged (1) by payment of $3,000 on April, 1949; (2) by the delivery of wheat worth $600; and (3) by an accord and satis faction, or discount, of the balance. The note came into the possession of defendants in December, 1949, in a manner to which we will allude later.

The court found (1) that the $3,000 payment had not been made;…