Woodruff v. McMillan

COVINGTON, Judge.

Stephen and Randy Woodruff appeal from the trial court’s grant of a motion for summary judgment in favor of Clayton and Katherine Elizabeth McMillan, who alleged that the Woodruffs’ action constituted a compulsory counterclaim and was barred by Rule 55.32(a). The judgment is affirmed.

In 1979, Stanley and Elizabeth Woodruff purchased a large tract of farmland from Clayton and Katherine McMillan. The McMillans carried a large portion of the purchase price by a promissory note which was executed by Stanley and Elizabeth Woodruff and secured by a deed of trust. Stanley and…