34 Neb. 522 | Neb. | 1892
This action was brought in the court below on a promissory note for the sum of $75, with interest at ten percent from January 4, 1888.
The defendants'below (plaintiffs in error) in their answer
“Third — Defendants further answering allege that before the commencement of this action, and after these defendants had sold and conveyed the premises described in defendants’ petition to plaintiff, and after plaintiff had assumed and agreed to pay said note as part of the mortgage indebtedness against said farm, and after plaintiff had assumed and agreed to pay the taxes on said premises as aforesaid, this plaintiff and defendant settled up for the purchase price of said land and all matters relative thereto, including said mortgage indebtedness, said noto, and said taxes, and the plaintiff on said settlement paid these defendants the sum of about $1,800 as the balance due them for their interest in said land and premises.”
The reply is a general denial.
The testimony shows that the defendant purchased a farm in Hamilton county from the plaintiffs in error’ and assumed a mortgage thereon for $1,500. The theory of the plaintiffs in error is that the note in question, with one of equal amount, was given for commissions on the
The judgment is reversed and the came remanded to the district court for further proceedings.
Reversed and remanded.