Hamilton v. Broyhill Furniture Factories

OPINION

McDONALD, Chief Justice.

This is an appeal by defendants Hamilton and Craig from summary judgment against them in a suit on a note.

Plaintiff Broyhill sued defendants Hamilton and Craig on a promissory note for $11,998.08, payable to plaintiff and signed by defendants. Such note provided for interest and attorney’s fee, and was not paid when due.

Defendants by answer plead there was a failure of consideration for the note.

The trial court granted plaintiff’s motion for summary judgment, and entered judgment for plaintiff against defendants for the amount of the note, interest and attorneys…