Minneapolis Steel & MacHinery Co. v. Couch

DIFFENDAEFER, O.

The parties occupy the same relation as in the trial court, and will be herein referred to as plaintiff and defendants.

This is an action brought by plaintiff upon a promissory note for $1,048, with a credit of $186.92. A copy of the note was attached, to the petition which shows a provision therein as follows:

“Upon payment of this note in full in cash on or before 9-1-26, a discount of $52.40 will be allowed.”

Defendants answered; admitted the execution of the note, and, in substance, alleged payment of all of said note on or prior to September 1, 1926, except the sum of…