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HYMEL v. UNC, INC.

No. 92-4388.

994 F.2d 260 (1993)

Norman P. HYMEL, Jr., Plaintiff-Appellee, v. UNC, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 3, 1993.

Attorney(s) appearing for the Case

Philip A. Franco, Phillip M. Becker, Adams & Reese, New Orleans, LA, for defendant-appellant.

Edward C. Abell, Jr., Lawrence L. Lewis, III, Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Lafayette, LA, for plaintiff-appellee.

Before WISDOM, JOLLY, and DEMOSS, Circuit Judges.

WISDOM, Circuit Judge:

The holder/payee of a promissory note sued the maker to enforce the debt. The maker raised the defense of error in fact regarding the price stated in the contract. The district court found that the note clearly established the debt. In addition, the court held that evidence offered by the maker to show that he had not intended to bind himself for the amount evidenced by the note was "irrelevant" and granted summary judgment in favor of the holder...

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