Kuhn v. Simmons

Action on a demand promissory note for $87.65, dated December 11, 1923, given by the defendant to the plaintiff. Plea general issue, with brief statement that prior to the delivery of the note an agreement was made between the defendant and the plaintiff whereby the note should be void in the event water was not supplied to the satisfaction of the defendant, and it was not so supplied. Verdict for the defendant. Case comes up on exceptions and general motion.

The plaintiff, defendant and four others had been drawing water from a spring to their respective houses by pumps. The plaintiff…