D. H. OVERMYER COMPANY, INC. v. JOE SUMMERS ROOFING COMPANY, INC.

44101.

120 Ga. App. 188 (1969)

169 S.E.2d 821

D. H. OVERMYER COMPANY, INC. v. JOE SUMMERS ROOFING COMPANY, INC.

Court of Appeals of Georgia.

Decided June 26, 1969.

Rehearing Denied July 30, 1969.


Attorney(s) appearing for the Case

Smith, Cohen, Ringel, Kohler, Martin & Lowe, H. A. Stephens, Jr., for appellant.

Parker & Parker, Richard L. Parker, for appellee.


BELL, Presiding Judge.

Joe Summers Roofing Company, Inc., as payee, brought this suit for the balance due on a promissory note against D. H. Overmyer Company, Inc., as maker. Overmyer contended in its answer that the note was executed under a mistake of fact as the parties were laboring under the impression that Overmyer owed Summers a larger amount than was actually due. By way of counterclaim Overmyer sought to recover excess sums which it had paid Summers because...

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