Southern Development Co. v. Shepco Paving, Inc.

Beasley, Judge.

The state court granted summary judgment to ShepCo Paving, Inc., both on its claim and on defendant Southern Development Company’s counterclaim, and Southern appeals.

Appellee ShepCo, a paving contractor, filed suit against defendant Tom V. Woodall and appellant Southern seeking judgment against Southern on a promissory note and judgment against Woodall, Southern’s president and one of two stockholders, on his personal guaranty thereof. Southern denied liability and pleaded the defenses of failure of consideration, mistake, and breach of the paving contract or overbilling by…