Averett v. Garrigue

*171YORK, P. J.

By the instant action, plaintiff seeks to recover from defendant the sum of $2,750, evidenced by a promissory note dated December 31, 1944, plus attorney’s fees and costs. As a defense to said action, defendant pleaded an agreement and release dated March 6, 1945, which, it is alleged, “released and discharged this answering defendant from the claim herein sued upon.” The trial court found in favor of such defense and ordered judgment for defendant. This appeal is prosecuted therefrom on the ground that “the trial court erred in not permitting the plaintiff to offer evidence as to…