Judges: PER CURIAM.
Attorneys: John M. Murrell, Wm. H. Malone and L.J. Cushman, for Plaintiffs in Error;
Maxwell Baxter and Wiseheart Wiseheart, for Defendant in Error.
Filed: Dec. 18, 1937
Latest Update: Mar. 02, 2020
Summary: In April, 1926, Ethel B. Seaver and her husband, Vernon C. Seaver, sold a certain yacht named "Romance" to Francis A. Stratton for $25,000. Of this consideration, $18,611.11 was paid in cash and the balance of $6,388.89 was paid with a note executed to Stratton by Alfred D. Marsh and Marie D. Marsh, his wife, in 1925, as part payment for some real estate. The note not having been paid, the Seavers brought this action on February, 1935, against Stratton to recover the face of the note with intere
Summary: In April, 1926, Ethel B. Seaver and her husband, Vernon C. Seaver, sold a certain yacht named "Romance" to Francis A. Stratton for $25,000. Of this consideration, $18,611.11 was paid in cash and the balance of $6,388.89 was paid with a note executed to Stratton by Alfred D. Marsh and Marie D. Marsh, his wife, in 1925, as part payment for some real estate. The note not having been paid, the Seavers brought this action on February, 1935, against Stratton to recover the face of the note with interes..
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Petition for rehearing in this cause was granted and reargument thereon was permitted. We have re-examined and reconsidered the questions raised and find
no reason to recede from or modify our opinion filed December 18, 1937. It is accordingly reaffirmed on rehearing.
It is so ordered.
WHITFIELD, TERRELL, BUFORD and CHAPMAN, J.J., concur.
BROWN, J., dissents.
