Scroggins v. Harper

Bell, Chief Judge.

This is a suit to recover a deficiency balance due on a promissory note following the foreclosure of a security deed and the confirmation of the sale. The defendant answered asserting several defenses and three counterclaims. Approximately nine months later on September 11, 1976, defendants amended their answer and added a "Fourth Counterclaim” alleging that *549plaintiff by fraud induced defendants to enter into the "within transaction” and asserting a specified act of misrepresentation and praying for actual and punitive damages. No leave of court allowing the filing of this…