Sewell v. Akins

Shulman, Judge.

Appellants brought suit on three notes signed by Royal Akins as maker and Robert Rutland either as a surety or guarantor. In an alternative claim, appellants sought recovery on an earlier note signed by Akins and his wife for which the other three notes were to have been substituted. This appeal is from the grant of summary judgment in favor of Rutland.

1. The first of three grounds urged by Rutland to support his motion for summary judgment was that the three notes were invalid because there had been no meeting of the minds sufficient to form binding contracts. The central…