Tolen v. Chalmers

Lewis, J.,

The defendant, by statutory demurrer, challenges plaintiff’s right to recover on the facts alleged in the statement of claim. We are satisfied that no right of recovery exists. The parties are both members of our bar. It is averred in the statement of claim that on September 29, 1931, they agreed, to settle certain differences between their respective clients, that plaintiff’s client should pay defendant’s client the sum of $100. On September 30,1931, plaintiff forwarded to defendant his check for $50 accompanied by a letter promising to pay the balance of $50 on the following…