Atlantic States Construction Company v. Robert E. Lee & Co., Inc. Of South Carolina, and Robert M. Lee

CRAVEN, Circuit Judge:

We affirm the entry below of summary judgment under Rule 56 of the Federal Rules of Civil Procedure against Robert E. Lee & Company, Inc. and Robert M. Lee.

Atlantic States brought this diversity action in the district court on an admittedly valid promissory note dated April 4, 1963, for $58,040.37 bearing six percent interest from December 31, 1964, made by the Lee Company and endorsed individually by Robert M. Lee. Although the company and Lee were unquestionably bound on the note, there was an ancillary agreement, typical of construction industry complexity, whereby…