Helsley v. American Mineral Production Co.

— The chief question involved in this appeal is concerning splitting causes of action. The facts are as follows: On the 14th day of July, 1917, the plaintiff sold to the defendant his interest in certain automobile trucks. The consideration to be paid by the defendant was, first, $5,500, in money, to be paid on the 18th of July, 1917 (four days after the sale); *572and, second, the agreement on the part of the defendant to pay certain designated accounts or bills of the plaintiff which were then due and owing. Defendant took possession of the trucks. It refused to make the $5,500 money payment on…