ROSENFELD v. CITY PAPER COMPANY

87-14.

527 So.2d 704 (1988)

Donald ROSENFELD v. CITY PAPER COMPANY.

Supreme Court of Alabama.

May 13, 1988.


Attorney(s) appearing for the Case

Gary L. Blume, Tuscaloosa, for appellant.

Gary P. Weinstein of Sirote, Permutt, McDermott, Slepian, Friend, Friedman, Held & Apolinsky, Birmingham, for appellee.


JONES, Justice.

With respect to whether the trial court erred in granting summary judgment to the promisee (appellee) of a promissory note in face of the promisor's (appellant's) answer setting up "duress" and "lack of consideration," we affirm. Our affirmance on this issue is mandated, because the promisor's counter affidavit, in opposition to the promisee's motion for summary judgment, fails to raise a genuine issue of material fact, and thus the promisee is entitled...

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