Kohn v. Zaludek

This suit was instituted in the justice court by appellee, Charles Zaludek, against Joe Kohn, John Kubin, and Erank Kohn to recover on a note executed to him by appellants for the sum of $95.04, with interest and attorney’s fees as therein stipulated. An appeal from the judgment rendered therein was taken to the county court. On the trial in the latter court appellee filed a written petition in due form. Appellants pleaded orally as follows: “Express release and discharge from said note for $95.04 and the assumption by one John Toth of said note and novation contract.” Appellants also filed a…