Foskey v. International Realty Sales & Exchanges, Inc.

Pope, Judge.

This case is before the court to review the trial court’s granting of a motion for summary judgment to plaintiff/appellee International Realty Sales & Exchanges, Inc. (“International”). Defendant/appellant W. R. Foskey (“Foskey”) now appeals and asserts that the trial court erred in granting International’s motion.

The undisputed facts show that Foskey executed a promissory note “payable to the order of E. L. Smith General Contractor, Inc.” dated March 6, 1980 in “one (1) payment of $3,000.00, payable two (2) years from date.” The note and accompanying deed to secure debt were…