Heinold Hog Market, Inc., a Delaware Corporation v. Superior Feeders, Inc., an Oklahoma Corporation, and O. C. Elliott

SETH, Chief Judge.

This is a diversity action brought to enforce a promissory note.

During 1974 Heinold and Superior were co-venturers in an unsuccessful cattle feeding operation. The venture was terminated and Heinold furnished to Superior an accounting and requested payment of its pro rata share of the loss, in the amount of $48,529.25. When payment was not made on the statement of account, Heinold’s attorney contacted Superior on several occasions by mail regarding arrangements to pay the debt and suggested a note. Presumably in response to Heinold’s letters, Elliott who apparently at that…