Bramante v. Krug

AGEE, J. pro tem.*

This is an appeal by plaintiff from a judgment in favor of defendant Krug. Judgment against defendant Hutchins was entered by default and he is not a party to this appeal.

Between July, 1949, and March, 1950, plaintiff loaned to defendant Hutchins a total sum of $27,000. Defendant Krug had also advanced substantial amounts of money to Hutchins. Around April 1, 1950, Krug made and delivered to Hutchins his check in the sum of $6,500, postdated April 3, 1950. This cheek was issued and delivered subject to a condition precedent. This condition was never fulfilled and *772Krug has a…