Wellman v. Eberly

OPINION

By BARNES, PJ.

The above entitled cause is now being determined on an appeal on questions of law by the defendants from the judgment of the Court of Common Pleas of Franklin County, Ohio.

The following brief summary of facts will render understandable the nature of the controversy and the manner in which the claimed errors arise.

On April 28, 1925, the defendant, Virgil A. Eberly and Mildred F. Eberly, husband and. wife, executed to R. B. Dickey their promissory note in the sum of $4000.00, payable in three years after date, with interest, etc. This note, among other things, contained a…