Area v. Cagle

Bell, Chief Judge.

Plaintiffs, executors of the estate of C. J. Bowers, alleged in their complaint that defendant executed three promissory notes to C. J. Bowers, and that the notes were due and unpaid.Defendantanswered,admitting execution of these notes but denied being indebted on them in any amount. Both parties moved for summary judgment. The sole defense, as evidenced by the defendant’s affidavit and that of the deceased Bowers’ ex-wife, was discharge of the obligation by virtue of a contemporaneous parol agreement with the deceased to the effect that should Bowers die before defendant…