Ziegler

This is an action brought by

plaintiff to recover from defendants $11,500, together with interest and attorney’s fees, alleged to be due and owing on a certain promissory note and assigned to Farmers and Merchants National Bank by F. C. Trickey, the payee named in the note, which assignment is alleged to have been made before maturity and in the usual course of business. The complaint is in the usual form of an action on a promissory note. The answer denies that the note was assigned before maturity in the usual course of business, and alleges that the note has been fully satisfied and discharged. And as a further and separate answer and defense, the defendants allege that by reason of the failure of F. C. Triekey, the payee in the note, to pay the rent for certain garage premises according to the terms of his lease, and his failure to keep the garage open day and night as a first-class garage, such lease and leasehold have been abandoned and the consideration of the note for $11,500 has wholly failed.

The defendants as owners, on or about December 1, 1921, leased to one Homer A. Brunell certain real property for a period- of approximately nine years at a rental running from…