Whisler v. Findeisen

Murphy, Justice.

This is an appeal from a summary judgment. It is contended that because there existed a genuine issue as to material facts the trial court erred in granting plaintiffs’ motion for summary judgment.

Plaintiffs, Carl O. and Carry C. Whisler, signed a note in the sum of $19,000, payable to defendant, H. S. Findeisen, and secured by a real estate mortgage. The note was payable one year after the date of its execution, October 23, 1961, and bore interest at the rate of 8 percent per annum. A memorandum of an agreement, entered into between the parties on October 21, 1961, provided…