FAIRCHILD, C. J.
On November 6, 1952, at the time appellant S. J. Kaufman agreed to take over the corporation and pay certain obligations of Gunnison to the Reedsburg Bank, Gunnison was obligated to that bank on the following notes:
(1) An unsecured judgment note dated October 6, 1952, due December 2, 1952, for $7,000, with interest thereon at five per cent.
(2) A note dated October 6, 1949, due October 6, 1954, secured by a first real-estate mortgage...
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