Sooter v. Janes

Opinion by

DAY, C.

Grant Janes, as payee, commenced this action in the trial court against Grant Sooter, as maker, of a promissory note. Plaintiff’s petition contains the usual and necessary allegations, and defendant answers, admitting the execution of the note sued on, but alleges that same was executed in consideration of the purchase of an undivided one-half interest in certain land (therein described), and that pla’nrff refused and failed to convey same to defendant, but took possession thereof, and has ever since held same and denied defendant’s right therein, and that by reason of said…