Hunter v. McLelland

Smith, Judge.

Hunter appeals from the denial of his motion for involuntary dismissal and from the entry of judgment for appellees. We reverse.

Appellees sued as payees on a $5,000 note which Hunter and Legum had signed as co-makers. On the same day the parties executed the note and expressly as consideration therefor, appellees, the sellers under the contract, extended the closing date of a real estate sales contract on which Legum was the buyer. Appellees and Legum had postponed closing this contract on several previous occasions, and, because of this difficulty and because of the fact that…