Capps v. Huff

COLLINGS, Justice.

Jimmy N. Huff brought suit against Jerry E. Capps seeking to recover judgment for the balance due on a promissory note executed by defendant and payable to plaintiff in monthly installments. Defendant answered by a general denial and allegations of a new agreement between the parties for novation whereby defendant was released as a primary obligor on the note. The case was tried before the court without a jury and judgment was rendered in favor of plaintiff for the balance due on the note in the amount of $2,295.64, for $229.56 attorney’s fees and for interest from the date…