Mizell Construction Co. & Truck Line, Inc. v. MacK Trucks, Inc.

WERLEIN, Justice.

This is an appeal from a summary judgment granted appellee, Mack Trucks, Inc., against appellant, Mizell Construction Company and Truck Line, Inc., for an alleged balance due on a series of eight promissory notes, numbered 1 to 8, inclusive, executed and delivered to appellee by appellant on April 25, 1958. Appellant asserts that the court erred in granting the summary judgment because there are fact issues in the case.

On February 13, 1959 appellee filed its original petition alleging that notes Nos. 5 to 8, inclusive, each in the sum of $1,421.-99, became due respectively on…