Gillett v. Cheairs

Sallie J. Cheairs brought suit against E. M. Gillett on a promissory note for $4,000. Her demurrer to the amended answer and cross-complaint was sustained; he stood by his pleading; judgment went against him and he brings error.

The answer shows that on April 25, 1919, the plaintiff and defendant entered into a contract as follows: “At- tides of Agreement * * * between Sallie J. Cheairs * * * of the first part and E. M. Grillett of the second part:

“ Witness eth, That if the party of the second part shall first make the payments and perform the covenants hereinafter mentioned on his part to be…