Getz v. Clough

Action by appellant against appellee to recover upon a promissory note executed by appellee.

Appellee filed a plea in abatement in which he alleged the entering into a certain agreement at the time of the execution of the note, and the subsequent reduction of such agreement to writing, but that, as a result of the mistake of the parties and of the scrivener who prepared the written agreement, the original agreement was not correctly reduced to writing; that by the terms of the original agreement, the note sued on was given in payment of certain stock of the Simplicity Incubator Corporation…