Payne v. Claypool

Opinion op the Court by

Judge Willis

Affirming.

Ray Claypool sued W. E. Payne and Phil Valenti Upon a promissory note for $682, with interest from its date, less a credit of $42. The execution of the note was admitted, but the defendants relied in their answer upon an allegation that when the note was executed a contract was made whereby the note should be paid in installments out of the proceeds realized from the operation of the “penny scales” purchased by the defendants from the plaintiff, and for which the note was given. The averments of the answer were traversed by the reply, which set up…