Swift v. Petersen

— This is a law action, tried to the court without a jury, on a promissory note in the amount of $1350, dated January 5, 1911, due January 5, 1912. To a defense of the statute of limitations plaintiff alleges estoppel to so plead. The . court found a promissory estoppel and entered judgment for the amount of the note. Defendant appeals.

Appellant predicates .his appeal upon two propositions: (1) Lack of evidence to sustain the court’s findings, and (2) assuming the statute to be tolled, by the alleged promise, this promise is now outlawed.

I. The second proposition is without merit as it is.…