Bank of Orland v. Finnell

SMITH, C.

—The suit is to recover money alleged to be due on a parol contract, the terms of which are set out in the com plaint. The defense is a denial of the material allegations of the complaint, and as an affirmative defense, in effect, that, by a subsequent agreement, the contract was satisfied and discharged. The cau^e was' tried by a jury, who returned a verdict for the plaintiff, and judgment was entered accordingly. The appeal is from the judgment.

The preliminary point is made by the respondent’s attorneys, that the bill of exceptions was not served and presented for settlement in…