McGinnis Lumber Co., Inc. v. Belser

ORDER

HEMPHILL, District Judge.

ON PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS PURSUANT TO RULE 12(c)

This is an action based on diversity of citizenship 1 between plaintiff, a Mississippi corporation, and defendants, citizens of South Carolina.

STATEMENT OF FACTS

On May 30, 1974, Geneva Construction Co., Inc., (hereinafter Geneva) executed and delivered to plaintiff its promissory note wherein Geneva promised to pay $99,295.67 to plaintiff for goods and materials sold and delivered. Payment was promised in six equal installments to become due on the tenth day of each month beginning in July,…