The opinion
On Rehearing.
[2] A note, under commercial law, is “a written agreement by one person to pay another person therein named, absolutely and unconditionally, a certain sum of money, at a time specified therein.” Story, Prom. N. 1, § 1; Walker v Thompson, 108 Mich. 686 , 66 N. W. 584 ; 7 Cyc. 532. The instrument offered in evidence was a conditional promise to pay, and therefore “a specialty,” and its introduction in evidence did not support the complaint. Phillips v. American Guano Co., 110 Ala. 521 , 18 South. 104 ; Burton v. Dangerfield, 141 Ala. 285 , 37 South. 350 .
The application is overruled.
Application overruled.