Frick Co. v. Wiley

Opinion of the Court by

Judge Tilford

— Reversing.

In June, 1938, the appellant sold appellee a threshing machine with certain attachments, and accepted in part payment therefor $50 accompanying the order, which bore the date June 2, 1938, a check for $250 dated June 16, 1938, the date the threshing machine was delivered, and two notes dated June 15, 1938, for $250 each, secured by mortgage on the machinery sold. Appellee stopped payment on the $250 check and failed to pay the first of the notes which matured on October 30, 1938, whereupon, the appellant elected to precipitate the maturity of…