Inman v. Clement

RENFRO, Justice.

Plaintiffs brought suit against defendant for a balance of $3,000 due on a $5,000 promissory note dated December 1, 1961.

In answer, defendant plead failure of consideration.

Defendant filed a cross-action for damages against plaintiffs, in which he alleged plaintiffs had breached a promise to erect a shopping center adjacent to defendant’s land.

Plaintiffs filed a motion, based on the pleadings and exhibits, for summary judgment.

Defendant did not file an answer to the motion for summary judgment.

The court severed the cross-action from the suit on the note and “having considered…