Laux v. Batterman

In this action, plaintiff alleged, in substance, that on De*387cember 11, 1934, defendant Batterman promised and agreed to loan to plaintiff $900; in consideration of which, plaintiff executed and delivered to defendant his promissory note for that amount, secured by a real estate mortgage. Plaintiff further alleged that it was also agreed that this loan should be paid to plaintiff in two instalments, as follows: $300 in cash, and the balance of $600 should be paid to plaintiff within one week thereafter; that the $600 was never paid to plaintiff by defendant, but the latter thereafter sold and…