White

This is an action brought by appellant against respondents as makers of a promissory note dated January 14, 1922, due three years after date, in the sum of $500. A trial was had by the court, without a jury, and judgment was rendered in favor of respondents.

The answer admits the execution of the note, pleads the statute of limitations, which plea was afterward abandoned, and sets up the defense of failure of consideration based upon the allegations that the note was given by respondents to appellant to permit him to borrow money thereon, and for his accommodation, and upon his express promise 'that respondents would never be called upon to pay the note or any part thereof.

From the findings of fact and the bill of exceptions it appears that appellant sold an automobile to B. F. White on the twenty-eighth day of July, 1920, for the sum of $1790, payable as follows: $700 as a down payment in the form of an automobile traded in, and two promissory notes in the sum of $545 each, due on October 28, 1920, and January 28, 1921, respectively. In addition to the two notes, a conditional sales contract was executed whereby title to the automobile was reserved in appellant, and possession…