Marsh v. Tiller

(after stating the facts as above). We think the trial court erred when he sustained the demurrer to appellants’ petition and dismissed the suit. Among other things, it was alleged in said petitions (1) that, before the convening of the April, 1924, term of the district court of Banola county, appellee agreed and promised appellants she would take no action in her suit then pending against them in said court before the October, 1924, term thereof; (2) that they had a good defense against part of the recovery appellee obtained against them, in that they had paid all but $2,793.27 of the amount…