Kalb v. Norsworthy

COLEMAN, Justice.

This is a suit to recover compensation for accounting services based on a written agreement in the nature of a promissory note. At the conclusion of the testimony the trial court withdrew the case from the jury and rendered judgment for the plaintiff.

The question for decision is whether testimony contradicting recitals in the instrument was admissible where the evidence tended to establish defenses to the note.

George W. Norsworthy [plaintiff in the trial court] alleged that in 1956 Theodore William Kalb [appellant herein] requested him to prepare a financial statement,…