Riess

This is an appeal from a judgment in favor of the plaintiff in an action involving a non-negotiable promissory note.

The complaint filed on May 17, 1956, sought recovery on a promissory note. A copy of said note is set forth in a footnote hereto.* 1 The due execution and delivery of the note to and ownership in the plaintiff was alleged. It was also alleged that no part of the same had been paid and that no agreement of *713 purchase of the lands and water rights referred to in the note had been executed and that the entire amount was due and owing.

The defendants answered and admitted the execution of the note but denied the delivery thereof. The answer also set forth that at the time of the making of the promissory note the relationship of joint venturers existed between the plaintiff and defendants and that the plaintiff was obligated to pay the defendants certain sums each month. It was further alleged in the answer that the defendants owned land which contained a large supply of water, that the plaintiff was desirous of acquiring certain lands from third parties lying in the vicinity of the defendants’ land and plaintiff was interested in securing from the defendants the…