Harrison

This action was brought to recover on a contract which, as set out in the complaint, was in form a promissory note. It was alleged in the answer that the contract pleaded by the plaintiff set forth only a part of the terms of an agreement made between a concern called the Retailers’ Supply Company and the defendants, the whole contract being attached as an exhibit to the answer. The defendants pleaded that there had been a failure on the part of the other parties to the contract to perforin according to the terms thereof. The judgment was in favor of the defendants and the plaintiff appealed.

The appellant is the indorsee of the Retailers’ Supply Company, and he urges as 'against the finding of the trial court that the note sued upon was negotiable in form and that no alleged equities possessed by the defendants as against their co-contractor can be urged in defense of his suit. An inspection of the entire contract executed between the parties shows to us without any question whatsoever that the alleged promissory note was an inseparable part of the entire agreement made between the parties. Read in connection with other necessary parts of the contract, the alleged note at once…