Wilhoit v. McCubbin

Opinion op the Court by

Stanley, Commissioner

Affirming.

Tbe appellee, L. M. McCubbin, sued tbe appellant, J. D. Wilboit, to recover on a $200 promissory note. Tbe answer was made a set-off and counterclaim, and alleged, in substance that McCubbin bad agreed to lend tbe defendant $5,000 with wbicb to purchase a certain tract of land in Spencer county, Ind., tbe loan to be secured by a lien thereon, provided tbe title was good and tbe loan approved by Roy Hargan. Tbe three men inspected tbe land and Hargan approved tbe proposed investment. McCubbin loaned Wilboit $200, which was represented by…