Sauer v. Macy Oil Co.

ARCHER, Chief Justice.

On the first day of January, 1939, Nelson Jean and C. F. Wood, d. b. a. Macy Oil Company of Donna, Texas, executed and delivered to H. W. Sauer of Austin, Texas, a promissory note in the sum of $1,237.95, payable July 1, 1939, at the American National Bank of Austin, Texas, with eight per cent per annum interest thereon. ' On July 25, 1939, Nelson Jean, the manager of the Macy Oil Company, wrote a letter to appellant reading in substance as follows:

“July 25, 1939.. “Mr.. Sauer—

“We certainly appreciate your kindness in carrying on this note, and -think we can pay some on…