Cleland v. Hostetter

Citations

• 13 N.M. 43

Syllabus

<p>SYLLABUS.</p> <p>1. Grounds of demurrer to a reply not set up in the court below, óannot be considered in this court.</p> <p>2. Letters written by a debtor to the attorney for the creditor, in which referring to the note sued on, the debtor says: “Will pay as soon as I can” and in which after offering to pay one hundred dollars in compromise he adds: “It’s that or wait until I get it,” constitute a sufficient admission that the debt is unpaid to revive the cause of action under C. L. Sec. 2926.</p>