Tesoro Petroleum Corp. v. Schmidt

This was an action to recover judgment on a promissory note brought by the plaintiff, Tesoro Petroleum Corporation, against the defendants, Alvin W. Schmidt and Dean’s Service Co., a corporation. Trial to the court alone resulted in judgment in favor of the plaintiff and against Dean’s Service Co. in the amount of $19,035.55, but in favor of Schmidt as to whom the action was dismissed. It is from this last action of the District Court that Tesoro has appealed, assigning as error the admission of parol evidence surrounding Schmidt’s execution of the note and the sufficiency of the evidence to…