Higginbottom v. Waugh

Robert L. Brown, Justice.

The appellants, Alice Higginbottom and James Franklin Higginbottom, as trustees and individuals, appeal from a summary judgment in favor of the appellees, Jerry Waugh and Clem Moore. They urge that the circuit court erred in disallowing compensatory damages for mental anguish caused by the deceit of the appellees in misleading the Higginbottoms about the security for a promissory note. We affirm the circuit court’s decision.

On October 20, 1989, the Higginbottoms extended a $100,000 loan made to Waugh and Moore and evidenced by a promissory note. The note was secured…