F. M. A. Financial Corp. v. Build, Inc.

CROCKETT, Justice.

F.M.A. Financial Corporation, sued Build, Inc., on a note and to foreclose a mortgage which the latter had given to the plaintiff’s assignor, Cook Realty Company, in payment of commission on a real estate transaction. The defense asserted in the defendant’s answer was lack of consideration. Upon the basis of the pleadings, the documentary evidence, the deposition of the defendant’s manager, and two affidavits, the District Court granted plaintiff’s motion for summary judgment. Defendant appeals.

For practical purposes the defendant can -be regarded as Richard J. Stromness,…