Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Vernon H. Knudsen

HEANEY, Circuit Judge.

Vernon H. Knudsen appeals from the district court’s entry of summary judgment for Merrill Lynch, Pierce, Fenner & Smith, Inc., in an action on a promissory note. For reversal, Knudsen argues that the district court erred in its calculation of post-judgment interest and attorney’s fees, and that estoppel by acquiescence and laches and impossibility of performance bar summary judgment. We affirm in part, and reverse in part.

Knudsen executed a note in February, 1980, promising to pay Merrill Lynch $81,-500 in monthly installments. The note provided for reasonable attorney’s…