Midway Farmers' Warehouse Co. v. Foley

MISER, C.

This is a suit on a promissory note given by a stockholder in the plaintiff corporation, the terms and conditions of the delivery of which are stated in .a contemporaneous contract signed therewith. In the complaint, facts were alleged showing estoppel on the part of the defendant to deny liability. The defense was based on misrepresentation in obtaining- the note and on conditional delivery thereof.

On May 12,, 1921, defendant and appellant, Foley, executed a promissory note for $500, due December 31, 1922. As a part of the transaction,* he signed the following contract, which, with…