Roberts v. Boydston

Frank Boydston sued Harold Roberts and George Roberts, doing business as Oklahoma Tire Associated Store, on a promissory note in. the sum of $600. The defense was failure of consideration. Plaintiff surrendered his note and produced no evidence.

Defendants introduced evidence to show that prior to the execution of the note in question, plaintiff and the two defendants were partners. The partnership was indebted in the sum of about $2,000 to the Richards-Conover Hardware Company on an open account. Plaintiff was also a salesman for that company. On August 17, 1937, defendants gave plaintiff the…