Walter E. Heller & Co., Inc. v. Wilkerson

RULAND, Judge.

In an action by the plaintiff, Walter E. Heller & Company, against the defendants, Bruce M. Wilkerson and James M. Schnitker, to recover the balance due on a promissory note, the defendants appeal from a judgment of the trial court granting the plaintiff's motion for summary judgment. We reverse and remand for further proceedings.

In June of 1977, the plaintiff (Heller) loaned money to the Eagle Forest Products Company (Eagle) pursuant to a written agreement between the two companies. Heller obtained a security interest in Eagle’s inventory and accounts receivable, and the loans…