Plano Manufacturing Co. v. Burrows

The opinion of the court was delivered by

VALENTINE, J.:

It is admitted that the controlling question involved in this case is as follows:

“A.B. buys property from plaintiff and gives three notes in payment; two notes remain unpaid. S.B. buys and receives the property from A. B., and verbally only promises and assumes the payment of the notes sued on; these not being paid, action thereon is prosecuted to judgment against both A.B. and S.B., before a justice, and S.B. appeals. Can the action be maintained against S. B., the judgment against A. B. still standing unreversed and unsatisfied? In…