Johnston v. Central Bank of the South

This is an appeal from an order granting summary judgment in favor of plaintiff in a breach of contract case.

In January 1985, Eagle Sales and Manufacturing, Inc. (Eagle), by and through its officer, Billy F. Johnston, Sr., executed and delivered a promissory note to Central Bank of the South. The corporation defaulted on the note leaving a balance owed to the plaintiff of $5,000.00. In addition, a check dated August 30, 1985 from Tri-State Wholesale in the amount of $1,958.00 was deposited into the checking account of Eagle, whose checking account was with plaintiff bank. The check was…