Franz v. Hair

This action is to recover on a promissory note given by defendant to plaintiff. Judgment was entered for plaintiff on his motion for judgment on pleadings.

The complaint is in the usual form alleging execution and delivery of the note for $453.55, nonpayment of same, and balance due. The answer admits execution and delivery of the note and that it has not been paid, but sets forth by way of affirmative defense that the note was given as part payment on the purchase price of a truck; that thereafter the truck was redelivered by defendant to plaintiff and retained by plaintiff as his own…