On July 9, 1959, Norman E. Conard instituted an action in assumpsit against Thomas J. Duffy and Eleanor H. Duffy, his wife, upon a written instrument executed by the defendants as follows: "Jan. 23rd 1958 — I O U Norman E. Conard, Four Thousand Dollars ($4000.00). This is to be repaid at $100.00 per month". The defense was failure of consideration. The trial resulted...
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