McCarty

The trial court sustained the demurrer to the complaint without leave to amend and plaintiffs have appealed from the judgment entered in favor of defendants. The complaint alleges that on November 28, 1928, plaintiffs borrowed from defendant Albert Mellinkoff the sum of $7,500, giving their promissory note therefor. By this note the makers promised to pay the principal sum “with interest from date hereof on unpaid principal at the rate of twelve (12) per cent per annum; principal and interest payable in installments of one hundred ($100) dollars on the 10th day of each month beginning on the 10th day of January, 1929, and continuing up to and including June 10, 1929; $150 on July 10, 1929, and $150 on the 10th of each succeeding month thereafter up to and including November 10, 1929, and on December 10, 1929, the balance of said principal and interest then remaining unpaid shall be due and payable”. The complaint further alleges that plaintiffs paid sums of $100 each on the tenth days of January, February, March and April, 1929, and on April 23, 1929, “paid to the defendant the amount then due upon said note, to wit: the sum of seven thousand four hundred and twenty-nine and…