Dh Overmyer Company, Inc. v. Joe Summers Roofing Company, Inc.

Bell, Presiding Judge.

Joe Summers Roofing Company, Inc., as payee, brought this suit for the balance due on a promissory note against D. H. Overmyer Company, Inc., as maker. Overmyer contended in its answer that the note was executed under a mistake of fact as the parties were laboring under the impression that Overmyer owed Summers a larger amount than was actually due. By way of counterclaim Overmyer sought to recover excess sums which it had paid Summers because of this mistake. Plaintiff Summers moved for summary judgment. Supporting evidence showed that Summers, a subcontractor, had…