Schoolcraft v. Channel Construction Company

BELL, Chief Justice.

This is an appeal from a judgment rendered in favor of appellee sustaining its motion for summary judgment. The judgment was based on a promissory note executed by appellant, payable to appellee, and a later written agreement acknowledging the indebtedness and note evidencing it. Judgment was for $15,309.50, which represented the balance of the principal and interest due plus attorney’s fees.

Appellee filed its unsworn petition alleging the execution and delivery of the note on August 20, 1956, and attached an un-sworn copy of the note as Exhibit A. It alleged that on…