MOORE, Chief Justice.
Plaintiff in error will be referred to as Grooms or the plaintiff, and defendants in error will be mentioned by name or as the defendants as the occasion may require.
L. Wilson Rice executed a promissory note on May 24, 1960, payable to the order of T. H. Ruth and F. A. Wilder, in two installments of $5,000 each. On July 5, 1960, before any payment was due on the above mentioned note, Grooms loaned the sum of $25,000 to Investment Bankers...
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