Emmerson v. Beckett

— Clark A. Emmerson brought this action against James D. and Celia F. Beckett to recover the balance due on a promissory note. Summary judgment was granted in favor of Mr. Emmerson and the Becketts appeal.

The record shows on July 10, 1980, Mr. Emmerson sold an apartment complex to Sherwood Properties, a limited partnership, under a real estate contract. James Beckett, as general partner, and Celia, his wife, signed on behalf of Sherwood Properties. The real estate contract provided for a purchase price of $485,000. The seller acknowledged receipt of $85,000 as a down payment which consisted of