SAWAYA, District Judge:
Plaintiff filed this action against two defendants, setting forth three causes of action, only the third of which affects the defendant Dan R. Fogle, the appellant herein. He died during the pendency of the action, and by stipulation of the parties, his surviving widow, Alta M. Fogle, was substituted for the said Dan R. Fogle for the purposes of trial.
The trial court found that Fogle was indebted to the plaintiff as prayed in the complaint...
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