Williams v. Leatham

*206RICHARDSON, P. J.

Plaintiffs brought this action to recover the unpaid balance on a promissory note. Defendants pleaded, as an affirmative defense, that the parties had agreed to a settlement which superseded the terms of the note. The trial court, sitting without a jury, found for plaintiffs in the amount due on the note, plus interest, and awarded plaintiff attorney fees, pursuant to the terms of the note. Defendants appeal, assigning as error the trial court’s failure to find a valid settlement agreement and the trial court’s award of attorney fees.

Plaintiffs sold a service station and…