Summerall v. Covington Bros. Farm Loan & Inv. Co.

HERB, O.

This is an action originally brought by Covington Brothers Farm Loan & Investment Company against F. H. Sum-merall in the justice court in the city of Mangum to recover the sum of $86.45, interest and attorney’s fees on a promissory note. Defendant, Summerall, filed a written answer admitting the execution and delivery of the note, but pleaded, as a defense thereto, that subsequent to the execution and delivery thereof he entered into an agreement with plaintiff’s agent that said plaintiff was to accept automobile casings in full payment and discharge thereof; that in accordance with…