Interactive Learning Systems, Inc. v. Akers

Birdsong, Presiding Judge.

Interactive Learning Systems, Inc., Elmer Smith, and John W. White appeal the grant of summary judgment to Lynn R. Akers on one count of their declaratory judgment action.

Appellants brought a petition for declaration of their rights under a clause in a note which provided that they were authorized to offset against amounts due under the note an amount equal to any *785loss or reasonable expense paid or owed by appellants arising from Akers’ breach of an indemnification paragraph in the stock purchase agreement between appellants and Akers. The paragraph in the stock…