May v. Whitbeck

This appeal is taken from a judgment of the district court of Custer county wherein judgment was entered for the defendant and suit was dismissed. The action was brought on a promissory note for $500, and the matter was tried without a jury. The facts out of whieh the suit arose are these:

Joseph H. May, the original plaintiff who died during the pendency of this action and whose administratrix was substituted in his place, was the owner of certain real estate whieh he sold to one T. E. Sad on March 26, 1932. Under the agree ment of sale, Sad agreed to pay as the purchase price the sum of…