Chastain v. Simmons

Smith, Judge.

Appellant sued alleging he was entitled to contribution from appellees because of his payment of a $58,281.25 note on which appellees were co-makers. On appeal Chastain claims as error the granting of appellees’ motion for summary judgment. We reverse.

Chastain alone signed as maker of the note made out to Hardwick Bank and Trust Company, the entire principal of which he paid. Appellees signed as guarantors. In essence, appellant claimed that, because of mutual mistake, the note should be reformed to show appellees to be co-makers and that, as such, they owed him contribution…