Baxter v. Redevco, Inc.

CAMPBELL, J.,

Pro Tempore.

The plaintiff filed an action at law against the defendants to collect a $6,000 promissory note. The defendants’ second amended answer admitted the execution of the note, the endorsements and delivery to the plaintiff, and denied that the note was due and owing. The answer further alleged affirmative equitable defenses of merger of the debt with its security and election of remedies.

Trial was held before the court without a jury on both the legal and equitable issues. The trial court did not enter either general or special findings of fact. It merely found that the…