Weller v. Putnam

Plaintiff brought an action to collect the balance remaining on a demand promissory note less an amount credited, to defendant involving a split of real estate loan fees. The original note, executed October 14, 1963, was for $60,000, defendant had repaid $10,000 on November 13, 1963, and $15,000 on December 3, 1963. Defendant cross-petitioned praying for an accounting. The district court sustained demurrers to the first and second causes of action of defendant’s cross-petition. Defendant has appealed to this court.

Defendant’s answer admitted that the note had been executed, consideration…