STEVE LYNN MOTOR COMPANY INC. v. Pavelka

WILSON, Justice.

Plaintiff declared on two promissory notes, alleging he had acquired the notes for value without notice and was owner and holder thereof. Defendant maker answered that plaintiff was not an innocent purchaser for value, and that the payee had agreed, contemporaneously with execution and delivery of the notes, that the payee “would not press defendant for collection and would not sue him upon the notes.” Judgment was rendered for plaintiff on instructed verdict. We affirm.

Defendant contends the instructed verdict was not authorized because there was evidence to raise a fact…