Woods v. Wright

Birdsong, Judge.

The trial court granted summary judgment to the plaintiff Wright in his suit on appellants’ note. On appeal, the appellants urge that issues of fact remain on the questions of whether plaintiff practiced duress in the execution of the note, which would render the note voidable, and whether subsequent partial payment by appellants constituted waiver of their duress defense.

The facts as contended by appellants are: On or about March 24, 1973 the appellee Wright and the appellant, James H. Woods, entered into a contract for the purchase by appellant Woods of certain real property…