Bankers Life Co. v. Farmers State Bank

HOLT, Justice.

The action ivas brought upon a written contract which defendant denied making. It also set up a defense that plaintiff by another contract with a third party had superseded the one sued on. This the reply denied. Findings ivere made in plaintiff’s favor. Defendant’s motion for amended findings or a new trial was denied, and it appeals from the judgment.

The facts surrounding the agreement may be thus stated: Both parties are corporations, defendant being a state bank. In March, 1925, one P. B. Smith and wife gave a mortgage on a half section farm in Nobles county, this state, to…