Nygren v. Graves

OPINION

COMPTON, Chief Justice.

This action was brought by the plaintiff W. H. Nygren, Jr., in San Juan County against the defendant Theron J. Graves to recover on a promissory note and a written memorandum executed by the defendant and payable to the plaintiff. The defendant answered and counter-claimed alleging fraud in the transaction. The case was tried to the court, and judgment was entered for the plaintiff and the defendant has appealed.

The pertinent findings made by the court read:

“1. Prior to November 27, 1968 plaintiff and defendant entered into an agreement by which plaintiff agreed…