Hall v. C-F Employees Credit Union

CORNELIUS, Justice.

Appellee filed suit against appellants to collect the balance due on two promissory notes, one dated September 6, 1967 for $9,000.00 and one dated September 28, 1967 for $7,000.00. Appellants answered by general denial and pleas of payment and accord and satisfaction, and also filed a counterclaim asserting they had overpaid appellee to the extent of $1,400.00.

Although appellants made timely demand for a jury and paid the jury fee, on the day set for trial they failed to appear either in person or by attorney. Their failure to appear at the trial constituted a waiver of…