Finnegan v. Davidson Co.

Deen, Presiding Judge.

The appellee, Davidson Company, commenced this action against Roger and Gail Finnegan to recover on a promissory note for $15,000, executed by the Finnegans in favor of the appellee. The trial court granted summary judgment for the appellee on the note. On appeal, the Finnegans contend that summary judgment was inappropriate because a factual issue existed over their defense of fraudulent inducement and because there was a pending counterclaim. Held:

In support of its motion for summary judgment, the appellee sub*538mitted the affidavit of its president, showing the execution…