Venuto v. Strauss

WALTER, Justice.

This is a summary judgment case. Richard A. Strauss recovered a judgment against Albert Venuto. Venuto has appealed.

Strauss’ cause of action was based on a promissory note executed by Venuto. Ven-uto admitted executing the note but contended there was no consideration for its execution. He further contended in his verified answer that at the time the note was executed it was agreed that the note would be paid out of Strauss’ profits from his interest in the oil and gas business operated by Venuto. He further contended the oil business failed.

The question presented is whether…