Kapplin v. Seiden

Frankum, Judge.

The first assignment of error contained in the bill of exceptions is on the overruling of the defendant’s general and special demurrers to the petition. Manifestly the petition was not subject to general demurrer. It alleged that the defendant had executed a promissory note to the plaintiff in the principal amount of $6,760.10; that the defendant had paid $6,000 thereon, and that $760.10 plus interest remained unpaid. A copy of the note attached to the petition showed that the defendant promised to pay .the amount of the note upon selling property at 6728 Beacon Street,…