Baker v. Wilkes

On the authority of Cupples v. Stanfield, 35 Ida. 466, 207 Pac. 326, the motion to dismiss the appeal is denied.

Appellants made and delivered to respondent their two interest-bearing promissory notes in the principal sum of $10,000, payment of which was secured by a mortgage on real property. The notes contained a provision that if the interest was not paid as provided, “the whole Sum of both principal and interest to become immediately due and collectible at the option of the holder of this note.” Claiming that interest in the sum of $197.33 became due on October 1, 1925, and had not been…