Deaton v. Mason

VAN CISE, Judge.

Plaintiffs, Henry Deaton and Deaton, Inc. (the sellers), sued defendant, Irvin L. Mason (the lawyer), alleging malpractice in his representation of them respecting a sale of personal property. From a summary judgment in favor of the lawyer, the sellers appeal. We reverse.

The depositions, admissions in the pleadings, and the exhibits disclose that the lawyer drafted an $18,500 purchase money unsecured promissory note payable to the sellers which was signed by M and S, Inc. (the buyer) and guaranteed by Walter S. Fahsholtz (the guarantor). The note went into default, and in 1975…