Dacotah Packing Co. v. Bertelson

This is an action on a promissory note, dated May 20, 1919, signed by the defendant, and promising to pay the plaintiff $7,000, with interest at 6 per cent per annum, one year after date. No part of the principal or interest hase been paid.

The defense is that the note was delivered conditionally, upon the understanding and agreement with plaintiff that it was not to take effect or be construed as 'being in force until a stockyards and packing plant in Rapid City, which the plaintiff corporation contemplated constructing, were completed, and if such stockyards and packing plant were not…