Taylor v. Nissen

This is an action upon a promissory note. The defendants admitted the execution of the note, but alleged in defense that the note was given with a real estate mortgage and pursuant to an agreement that there would be no personal liability. There was also interposed a counterclaim for damages for breach of contract to paint certain farm buildings. From judgment for defendants and order overruling motion for new trial, plaintiff appeals.

Plaintiff and defendant W. C. Nissen entered into' an agreement, dated November 15, 1919, to exchange properties. Under the terms of this contract, W. C.…