C. K. C., Inc. v. Free

Cooper, Judge.

This court granted appellant’s application for an interlocutory appeal to hear this appeal from the denial of appellant’s motion for summary judgment by the trial court.

In 1986, appellant purchased certain real estate from appellees and in return executed two separate promissory notes in favor of ap pellees. One note in the amount of $75,195 represented a portion of the down payment under the contract, and the second note in the amount of $500,797.50 represented the balance of the purchase price. Both notes recited that they were secured by the deed to secure debt of the same…