Payne v. Terry

STANLEY, Commissioner.

The appellee, Ward Terry, sued the appellant, Carroll T. Payne, to recover judgment on the following instrument:

“Aug. 18 — 1954

Borrowed $7,000.00 to buy farm to be paid when house is sold.

/S Alice Payne

/S Carroll T. Payne”

The cosigner, Alice Payne, is the deceased wife of the defendant.

The complaint states that the farm and' house referred to in the instrument had been sold in January or February, 1959; ,that $1,000 had been paid; and that $6,000• remains due and unpaid.

■ In his original answer the defendant denied generally all the allegations of. the *279.complaint, then…