Miller v. Jones

Plaintiff owned a bakery at Fort Morgan, Colorado. In the spring of 1928, he sold the bakery to the defendant. There was no written contract. Full payment of the purchase price was not made. On December 5, 1933, defendant owed the plaintiff $1,300. On that date, defendant “wrote” the following on the back of an envelope and “handed” it to the plaintiff: “Dec. 5. 1933. This is to certify that I, Claude C. Jones, owe I. W. Miller Thirteen Hundred Dollars *606($1,300) Claude C. Jones.” Defendant has paid no part of said sum.

Plaintiff’s amended petition herein contained the usual caption, the names…