249 P. 2 | Colo. | 1926
RETALLIC and Williamson had judgment, upon trial to the court, in an action on a promissory note. The defenses, when analyzed, all amount to want of consideration. The judgment was right.
The note in suit was a renewal of a previous note the consideration of which was the settlement of a claim, made by Retallic, as assignee of Williamson, against Dickson, upon an alleged agreement by the latter to take back certain stock in the Haigler Irrigation Company, sold by that company to Williamson, and to repay to him the purchase price thereof. The evidence would justify a finding that Retallic's claim was a valid one, but if not, it was at least a matter of doubt and the settlement of it was therefore a good consideration for the first note. Swem v. Green,
This case has been here before. Retallic v. Dickson,
The above answers the matter of the general demurrer to the replication. The defendant waived the special demurrers, the motion to strike and the motion to make more definite, by going to trial after they were overruled.
The judgment is affirmed.
MR. JUSTICE BURKE, sitting for MR. CHIEF JUSTICE ALLEN, and MR. JUSTICE WHITFORD concur.