Holbert v. Wermerskirchen

Peterson, Justice.

This is an appeal from the judgment of dismissal rendered pursuant to the order sustaining the demurrer to the complaint.

The complaint alleges that on January 13, 1938, the parties executed a memorandum of agreement that plaintiff had “sold” four Belgian mares to defendant; that defendant had “sold” to plaintiff a promissory note for $4,000 dated December 19, 1935, payable five years after date and bearing three and one-half per cent interest per annum, which was executed by one George Theis and his wife as makers to defendant and his wife as payees and which was secured by…