Converse v. Zinke

VAN CISE, Judge.

Defendants appeal a judgment for a balance due on a promissory note entered upon the granting of plaintiff’s motion for judgment notwithstanding a jury verdict in defendant’s favor. Plaintiff cross-appeals a judgment on defendants’ counterclaims for breach of warranty. We affirm the judgment on the counterclaim and reverse the judgment on the note.

Plaintiff sold her equipment rental business to defendants in exchange for $10,000 cash and a $26,000 promissory note secured by a financing statement and security agreement. Defendants made no payments on the note, and plaintiff…