Lytle v. Walters

Opinion by

Gunther, J.,

Joseph O. Lytle, plaintiff-appellant in this appeal, sold to Sheldon L. Walters and Helen V. Walters, defendants, a dry goods and grocery business for the sum of $3500.00, under Articles of Agreement. Defendants signed a judgment note in favor of the plaintiff for $3500.00 and agreed to pay $200.00 down and $150.00 or more per month on the balance. On July 22, 1954, plaintiff entered the judgment note against defendants and filed a Writ of Fieri Facias for $1,013.21, plus interest, attorney’s commission and costs. On February 28, 1955, a petition for rule to open…