Studdard v. George D. Warthen Bank

Carley, Presiding Judge.

Alleging that appellee-defendants had breached an agreement to loan them $80,000, appellant-plaintiffs brought suit to recover in fraud and contract. Appellees answered and counterclaimed, seeking to recover on notes which were allegedly in default. After discovery, appellees moved for summary judgment on their own counterclaim as well as on appellants’ main claim. The trial court granted summary judgment in favor of appellees and appellants appeal.

1. Construing the evidence most favorably for appellants, they borrowed $40,000 from appellees pursuant to an oral…