Harbage v. Dollar Farm Products Co.

Sognier, Judge.

Dollar Farm Products Company (Dollar) sued David Harbage seeking judgment on a note and attorney fees. Harbage filed an answer denying indebtedness. Dollar moved for summary judgment and supported its motion by an affidavit proving the note and notice of attorney fees. Harbage filed a counter-affidavit and admitted signing the note but stated that “at the time of said signing no amount or due date was shown on the document.” Dollar filed two additional affidavits stating that the amount and due date were included in the note at the time of signing. The trial court granted…