COLLINGS, Justice.
Charles W. Williams brought suit against Charles W. Preston for the balance due upon a promissory note. By answer and cross action the defendant alleged fraud in the inducement, failure of consideration, and that by the terms of a written agreement contemporaneously executed the note was not yet due. Defendant prayed that plaintiff be denied recovery on the note and that he recover $2500.00 on his cross action. Plaintiff Williams filed a motion...
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