Knight

The defendant executed and delivered to the plaintiff his promissory note dated November 2, 1922, made payable ninety days after date. There is ample evidence to sustain the court’s finding that the note remains wholly unpaid. By defendant’s answer to the complaint he denied the alleged fact of nonpayment, and asserted that the entire amount had been paid. Defendant further set forth that on March 19, 1923, defendant settled the entire obligation of the said promissory note and received a receipt in full satisfaction therefor from the plaintiff. Said receipt was introduced in evidence and was signed by both plaintiff and defendant on its date March 19, 1923. The body of the instrument reads as follows: “The undersigned, each for himself, acknowledges that all claims, demands and obligations existing between them to this date, have been settled; except that W. C. Paulton acknowledges that he holds forty (40) shares of stock of the Paulton Oil Company which belong to L. N. Knight, and will be delivered to him on demand.”

The amount of the promissory note was a balance due from defendant to plaintiff for the drilling of an oil-well by plaintiff for defendant. Under a separate…