Turf Express, Inc. v. Palmer

PEARSON, Judge.

The appellants and the appellee were co-defendants in a suit brought against them by Jack O’Dare (not a party to this appeal). Palmer answered and filed a cross-claim alleging he was the owner of the stock of Turf Express. Other cross-claims not now in issue were filed. Jack O’Dare’s suit was settled. The court thereafter heard testimony on the cross-claims and held that Louis Cohen owned all the stock of Turf Express. Without amending his pleadings, Palmer moved for a summary judgment against Turf and the Cohens on a promissory note which had been introduced into evidence…