Niles v. Builders Service & Supply, Inc.

STERNBERG, Judge.

The plaintiff, Mervin W. Niles, the seller, sued to collect payment due on a promissory note he received when he sold his business to the buyer, defendant Builders Service & Supply, Inc. Defendant Kriss W. Barnes personally guaranteed the note. The defendants filed a general denial to the complaint and counterclaimed for rescission or damages based on misrepresentation or mutual mistake going to the essence of the contract. The trial court entered judgment for the seller on the note and dismissed the counterclaim. The buyer and guarantor appeal. We affirm in part and reverse…