STAKELY, Justice.
Elmer Miller (appellee) filed his complaint against Marion I. Strange (appellant) in the court below as follows:
"And the plaintiff claims of the Defendant $1,715.00 due by promissory note made by him on the 16th day of January, 1950, and payable the 15th day of February, 1950, with interest thereon.
"And Plaintiff avers that in said note, and as a part thereof, the Defendant expressly waived his right to have any of his personal...
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