Holt Bros. Mining Co. v. Stewart

Opinion of the Court by

Judge Dietzman

Affirming.

Tbis is a suit under the Declaratory Judgment Act (Civil Code of Practice sec. 639a-l et seq.) to have determined the rights and obligations of the parties hereto under the following state of fact: On October 4, 1920,. the Holt Bros. Mining Company as a part of the consideration for the sale to it by the McHenry Coal Company, a corporation, of the latter’s business and assets, executed. and delivered unto the McHenry .Coal Company its promissory note dated October -4, 1920, by the. terms of which it agreed to pay to the order of the Mc-Henry Coal…