Aurand v. Aurand

Mr. Presiding Justice Sears

delivered the opinion of the court.

The only question presented for our determination is as to whether the statement of counsel for appellant at the opening of the trial below disclosed sách a state of facts as precluded a right-of recovery. The payment of a part of the amount due upon the second bond was not sufficient to preclude a right of action for whatever remained unpaid. It was, therefore, solely upon the effect of the giving of the second appeal bond that the action of the trial court must have been based. But the giving of the second appeal bond did not…