Minor

This action was brought to recover judgment upon three promissory notes executed by the defendant to the plaintiff and aggregating the sum of six hundred and eight dollars. The plaintiff moved for a judgment on the pleadings after answer filed. The court granted the plaintiff’s motion, and from the judgment thereupon entered the defendant prosecutes this appeal.

The main point involved in the appeal is as to whether a certain agreement in writing between the parties subsequent to the execution of these notes and to the time they fell due, set forth in the answer, amounts to an extension of the time of payment of these notes beyond the date of the commencement of this action so as to support the claim and plea that this action was prematurely brought.

We have read this agreement carefully to determine whether it will bear this construction, but there is not a word or sentence in it which, either expressly or by fair intendment, refers to any extension in the time of payment of the notes in question; and while it is true that said agreement purports to provide a way in which the defendant may be able to pay his full indebtedness to the plaintiff, amounting to a sum greatly in…