Herrera v. Collection Service, Inc.

BUCHANAN, Chief Judge.

CASE SUMMARY

Manuel and Estefania Herrera (Herreras) appeal from a judgment entered against them in the Small Claims Court of Grant County in favor of Collection Service, Inc. (Collection Service).

We remand.

FACTS

The facts, as we ascertain them, are as follows:

On February 13, 1981 Collection Service filed suit against the Herreras on a promissory note made payable to third parties. The Herreras answered in general denial and asserted affirmative defenses of fraud and failure of consideration.

At trial on May 11, 1981, which was not transcribed, Collection Service introduced…