Mason v. Ralston Purina Co.

Evans, Judge.

1. Where, on review of the grant of a motion for summary judgment, the parties stipulate that a named sum was a stated account, and there was evidence that the balance of the sum awarded was on a promissory note due on demand, executed by the appellee, which was not denied, the pleading alleging failure of consideration has been pierced, and the court did not err in granting summary judgment in favor of the movant for the sum stated in the judgment. The appellant failed to offer any evidence to dispute the affidavits and the executed note submitted on the motion, hence the movant…