Powell v. Hartley

PEARSON, Chief Judge.

This cause began when the appellee filed a complaint seeking a judgment upon a promissory note. Appellant and one Johnson signed the note at the time of the *864closing of their purchase of appellee’s motel. The appellant answered setting forth the defense of failure of consideration for the note and filed a counterclaim seeking damages for an allegedly wilful and wanton misrepresentation in the procurement of the appellant and Johnson as the purchasers of the motel. At the conclusion of a non-jury trial the court: (1) entered judgment for the appellee for the amount of the…