McIntosh v. McLendon

Banke, Judge.

The plaintiff sued to recover on a promissory note allegedly assigned to him by a bank. In his answer, the defendant admitted that he had executed the note but raised as a defense the plaintiffs alleged breach of a home “rehabilitation” contract the parties had entered into as part of the same transaction which gave rise to the note. The trial court granted the plaintiffs motion for summary judgment. On appeal, the defendant contends that the court erred in allowing the plaintiff to file affidavits on the day of the hearing and further contends that even if the court did not err…