Apperson v. Herx

TURNAGE, Presiding Judge,

Larry L. Apperson and Wilma L. Apper-son sued Thomas J. Herx and Nancy A. Herx on a promissory note. The Herxs filed a counterclaim to reform the note. After a bench trial the court entered judgment in favor of the Appersons on the note and refused to reform the note. The Herxs appeal only the judgment finding in favor of Appersons for $9,000, the principal sum of the note. The Herxs contend the Apper-sons were not the real party in interest and were therefore not entitled to maintain this suit. Reversed.

In October, 1981, the Herxs delivered their promissory note to…