Richards v. Allen

RENFRO, Justice.

Plaintiff Allen sued defendant Richards and others for the balance due on two notes. Defendant Richards filed a sworn answer alleging usury, lack of consideration and accord and satisfaction. Richards also brought in other parties in a third party action.

Plaintiff filed a motion for summary judgment against Richards.

Richards did not reply to the motion for summary judgment, apparently electing to rely upon his answer to plaintiff’s petition.

The defendants, other than Richards, were dismissed from the suit.

Upon the hearing of the motion for summary judgment, judgment was…