Cockran v. Nebeker

Suit by the appellees, as indorsees, against the •appellants, as the maker and the payee and indorser of a promissory note payable in a bank in this State. The note was payable'six months after date, or before if made out of the sales of Drake’s Horse Hay Fork and Hay Carrier.

The defendant Cochran, the maker, answered in three paragraphs :

1. A general denial.

2. That when the note was executed it had a condition annexed thereto, that the same was not to be paid if sales of said machines were not made equal to the amount o.f the note within the time limited for the payment thereof; that the…