Netherland v. Wittner

ROBERTSON, Justice.

Defendant appeals from the granting of plaintiff’s motion for summary judgment. We reverse the trial court’s judgment and remand.

In 1970, Freddie Cooper Lovejoy, now deceased, executed a promissory note payable to B. E. Netherland or order. The note states that the sum of four thousand dollars ($4,000) with interest at 7½% is payable in monthly installments of fifty dollars ($50.00) and that the interest is “included in the fifty dollars ($50.00) monthly payment.” The deed of trust securing payment of the note calls for “four thousand dollars ($4,000.00) at 7½% interest…