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KEARNEY v. COMMERCE INVESTMENT COMPANY

No. 4870.

262 A.2d 804 (1970)

John L. KEARNEY and Annie M. Kearney, Appellants, v. The COMMERCE INVESTMENT COMPANY, Appellee.

District of Columbia Court of Appeals.

Decided March 6, 1970.

Attorney(s) appearing for the Case

Glenn A. Mitchell, Washington, D. C., for appellants.

Lyon L. Tyler, Jr., William K. Harvey, Washington, D. C., for appellee.

Before KELLY, FICKLING and KERN, Associate Judges.

FICKLING, Associate Judge.

The Commerce Investment Company (appellee) brought suit against Mr. and Mrs. Kearney (appellants) to recover on a promissory note signed by them. The note was purchased by Commerce from the Washington Aluminum Company, Inc., which had contracted with the Kearneys to make improvements on their home.1

The Kearneys demanded a jury trial and asserted the defense of false and fraudulent inducement in signing...

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