Preston

This action is one to recover a balance of $528 remaining due on a promissory note which was originally executed by appellant in favor of Janss Company. The payee assigned the note to respondent. At the time the note was executed Janss Company gave Stevens the following receipt: “It is understood and agreed that Mr. W. 0. Stevens will receive for this 42 connections. He will include in his contract of sale on Tract No. 2399 a provision that lot purchasers must pay $16.00 for each connection to Janss Co., which will credit note.”

It appears that the execution of the note and the giving of the receipt were the culmination of negotiations which had occurred between the parties looking toward extension of the water service owned by Janss Company to a tract of land being subdivided by Stevens. The defendant received the forty-two connections mentioned in the receipt. However, he only included the provision for the purchasers making payment of sixteen dollars for each connection in twelve of the contracts. Nine of the connections were paid for and credited on the note. After the note and receipt were executed and some of the connections made the Railroad Commission adopted a ruling…