Mansell Bros. v. Kruse

BLAIR, Justice.

Appellants sued appellee on a note for $400, for interest, attorney’s fees, and for foreclosure of a mortgage lien on a Farm-all tractor securing the note. Appellee answered that appellants agreed to take the tractor in full settlement of the note, which agreement the jury found was made, and judgment was accordingly rendered for appellee.

Appellants contend that the judgment should be reversed upon three grounds, as follows:

1. Because the undisputed evidence showed that appellee had not paid the note, and still owed same, which fact he admitted by listing the note as an…