Tyson v. Henson

Banke, Judge.

This is an appeal by the defendant from a summary judgment for the plaintiff in a suit on a promissory note. The defendant admitted executing the note and pled no affirmative defense pursuant to Code Ann. § 81A-108 (c). However, he denies liability, contending that the parties understood delivery of the note, which was executed as payment for the plaintiffs interest in an insolvent limited partnership, to be conditional on the firm’s attainment of “fiscal health.” The note itself calls unconditionally for repayment in specified installments due on specified dates. Held:

1. In the…