Avery v. Whitworth

Pope, Judge.

Defendant George S. Avery appeals the trial court’s grant of summary judgment to plaintiff Jim Whitworth on plaintiff’s action to collect the $20,000 unpaid balance on a promissory note. The evidence shows defendant signed a promissory note in the form of a letter addressed to plaintiff stating: “This is your note for $45,000.00, secured individually and by our Company for your security, due February 7, 1984.” The letter was signed: “Your friend, George S. Avery.” It was typed on stationery with the name of defendant’s employer, V & L Manufacturing Co., Inc., printed at the bottom…