Morton v. Whitson

BABCOCK, Commissioner.

Plaintiff, appellant here, brought this action to recover upon a promissory note for the sum of $800, dated June 1, 1919, executed and delivered by defendants, respondents here, to the appellant, consideration of the note being part of the purchase price of a truck. A demurrer to the original complaint was sustained and an amended complaint was filed. Defendants’ answer to the amended complaint admitted the execution and delivery of the note, but denied that there was anything due thereon, and set up as an affirmative defense that the defendants purchased of plaintiff…