Randolph State Bank v. Osborn

De Graee, J. —

The note in suit is a renewal note, in the sum of $575, dated October 16, 1924, and payable to plaintiff-bank. The original note signed by these defendants was executed September 4, 1922. "John Arterburn did n°t- personally sign the renewal note, but his name was signed by his wife, Dena. By amendments to the answer it is alleged that, at the time of the execution of the original note, it was orally agreed by and between the signers and the payee-bank that Osborn, the principal, was to sell his house, and that all money received from the sale in excess of the mortgage should be…