Erback v. Donald

McDONALD, Chief Justice.

The parties will be designated as they were in the trial court.

On May 21, 1941, defendant purchased the property in controversy from W. J. Donald, assuming the payment of certain lien indebtedness outstanding against the *291property. Said indebtedness was owned by plaintiff, J. M. Donald. By an agreement in writing signed by plaintiff J. M. Donald, by W. J. Donald, and by defendant H. J. Erback, dated May 21, 1941, the parties agreed that such indebtedness should be paid at the rate of $125 per month. On or about March 1, 1942, defendant Erback enlisted in the United…