First State Bank v. Larsen

MR. CHIEF COMMISSIONER LEIPER

prepared the opinion for the court.

• This action is brought for the purpose of recovering from the defendant upon two promissory notes which are set forth in the complaint. The complaint is in the usual form. Paragraph 2 of the answer is as follows: “Admits the execution of the notes described in the complaint.” Páragraph 3 of the answer is as follows:

“Further answering the defendant alleges, that on or about the time said notes were due plaintiff and defendant orally *407entered into an agreement in substance as follows: That the plaintiff would accept, and did…