Turner Coleman, Inc. v. Ohio Construction & Engineering, Inc.

Lewis, Chief Justice :

This action was brought to recover the balance due on a promissory note jointly executed to plaintiff by defendants Ohio Construction & Engineering, Inc., (Ohio) and John Bagwell, Inc., (Bagwell). The principal amount of the note was based on a statement prepared by plaintiff showing the outstanding balance due on an open account owed by defendants to plaintiff. Bagwell defaulted and judgment was entered against it. Ohio filed an answer admitting that it signed the note but denying the other material allegations of the complaint. Thereafter, plaintiff moved for summary…