Prigge v. Carmichael

This is an appeal by the defendants from a judgment of the circuit court which is based upon findings of fact and conclusions of law. Since the challenged judgment arose out of an action at law, all ancillary facts are binding upon us and cannot be retried if they are supported by substantial evidence. The action sought judgment for the balance unpaid upon a promissory note in the denomination of $21,673.21 which the defendants signed January 2, 1952, and rendered payable to the plaintiffs. The defendants alleged a novation. Accordingly, the execution of the note and its validity were…