McIndoe

This is an appeal by plaintiffs from a judgment of dismissal entered after a demurrer to an amended complaint had been sustained without leave to amend, in an action to recover upon a rejected claim presented against the estate of Nettie C. Scott, deceased.

The amended complaint sets forth the following facts: On April 29, 1920, plaintiffs purchased certain lands from the deceased and in payment of the purchase price executed and delivered to her their promissory note for $26,250, secured by a mortgage on the property so purchased. The sale was made on the basis of $250 an acre for all arable land. In October, 1921, plaintiffs discovered that the tract contained a somewhat less number of acres of arable land than the deed called for, and thereupon, the complaint alleges, the deceased agreed that she would give plaintiffs credit for the sum of $3,112.50, and indorse such credit on the note. Mrs. Scott died on May 31, 1924, and in July, 1924, plaintiffs ascertained that she had failed to make the indorsement on the note as agreed; whereupon plaintiffs presented a claim against Mrs. Scott’s estate demanding payment of the sum of $3,112.50; and upon rejection of the claim commenced…