Fickert

These are appeals from judgments made and entered in favor of defendant in two separate actions brought by plaintiffs herein to recover upon two certain promissory notes.

Agreeably to stipulation of the parties an order of this court was heretofore made that both appeals be submitted upon the same briefs. The notes in each action are alike in amounts, identical in form and substance, except as to the time of payments and arise out of the same transaction and contract. Both were indorsed and sold to the respective assignees, plaintiffs herein, before maturity and for a valuable consideration, in due course of business. Plaintiffs’ assignor entered into the following agreement of sale with defendant:

The above is the. only written instrument evidencing the agreement of sale and purchase of the animals therein described.

The four notes provided for in said agreement were accordingly made, executed, and delivered by Phillip Fickert to H. B. Thornberry, plaintiffs’ assignor. The first and second notes were paid some time after they fell due. Payment of. the third and fourth having been refused, these actions were brought September 28, 1917, to enforce said payments. Said notes being…