Barnard v. Barnard

Where, in a written “acknowledgment of indebtedness,” given by the defendant to the plaintiff in consideration of the plaintiff’s execution of a warranty deed to the defendant to certain described real property, the defendant acknowledges his indebtedness to the plaintiff and agrees that the sum owed shall become due and payable if and when the defendant “should sell, exchange, or otherwise dispose of said property,” and the plaintiff brings an action for the sum acknowledged to be owed, in which it is alleged that the sum is due and" payable by virtue of the defendant’s having executed and…