Heyen v. Garton

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is by the defendants from a judgment rendered against them on a note they plead as a set-off against a note of theirs held by the plaintiffs, assigning as error, (1) the admission of evidence tending to alter and vary the terms of written instruments, (2) the undisputed evidence conclusively shows the defendants were entitled to judgment on their set-off note, and (3) plaintiff Williams has no interest in the note constituting the plaintiff’s cause of action.

*454The plaintiffs brought an action on a note for $1,175…