Rice v. Kilworth

The opinion of the court was delivered by

Smith, J.:

This is an action to recover upon certain promissory notes. The defendant, appellant herein, set up as an offset a contract on the part of the plaintiff to buy back certain bonds sold him by the plaintiff. Plaintiff pleaded, amongst other things, that recovery on this contract was barred by laches on the part of the defendant. Judgment was for plaintiff for the amount of the notes, and defendant appeals.

The facts' are that in the fall of 1915 John L. Kilworth purchased from the Watkins National Bank some bonds of Oklahoma City, Olda,, the…