Brack v. Brantley Co.

Suit was brought on a sealed promissory note for $1,080 with interest. A plea was filed, to the effect that at the time of the signing of the note a settlement was pending between the parties, but there was a mistake in the plaintiff’s books, and the note was given to close the account until the parties had time to investigate the books thoroughly "and to find the one thousand dollars which was short;” that plaintiff represented to defendant, at the time the note was given, that if the mistake should be found, the note would’ be returned; that prior to the giving of the note, defendant had…