Baumert v. Porter

FANNING, Justice.

Plaintiff-appellee sued and moved for summary judgment on a promissory note. Defendant-appellee filed a sworn answer and a sworn controverting affidavit, which, while admitting the execution of the note sued upon, alleged in defense that there was a contemporaneous collateral oral agreement that the plaintiff would allow as credits against the note the income from an insurance agency transferred by defendant to plaintiff, which income, the exact amount of which was not known at the time of the hearing, but was at least $6,000.00 according to defendant’s controverting…