Maddox v. Leaphart

• Court: Georgia Court of Appeals
• Writing for the Court: BIRDSONG; BLACKBURN, J., and HAROLD R. BANKE
• Citation: Maddox v. Leaphart, 447 S.E.2d 694, 214 Ga.App. 340 (Ga. App. 1994)
• Decision Date: 29 July 1994
• Docket Number: No. A94A1731,A94A1731
• Parties: , 24 UCC Rep.Serv.2d 976 MADDOX et al. v. LEAPHART.

Page 694

447 S.E.2d 694

214 Ga.App. 340, 24 UCC Rep.Serv.2d 976

MADDOX et al. v. LEAPHART.

No. A94A1731.

Court of Appeals of Georgia.

July 29, 1994.

Gerald W. Fudge, Parker, Johnson, Cook & Dunlevie, Everett W. Gee III, Sonya Y. Ragland, Atlanta, for appellants.

William R. Harp, Atlanta, for appellee.

BIRDSONG, Presiding Judge.

Francis E. Williams and Cone M. Maddox appeal the grant of summary judgment in this suit on a demand note executed on June 1, 1974. Plaintiff-creditor Florence Leaphart, who is Williams' former wife, filed this suit in 1992. Appellants Francis Williams and Cone Maddox separately answered Leaphart's complaint, raising affirmative defenses including statute of limitation, accord and satisfaction, laches, and res judicata. Appellant Williams filed a counterclaim alleging the suit was filed without substantial justification (OCGA § 51-7-80); he contends (as reasonably construed) that Leaphart entered into a divorce settlement and accepted benefits while failing to disclose that she intended to declare this note unsatisfied.

Both Williams and Maddox filed affidavits in response to Leaphart's motion for summary judgment. They assert generally that they were real estate venture partners and they executed the note when they purchased subdivision development property in Wick's Lake for $25,000. The $12,500 note was for advancement of Williams' half of this purchase price.

Williams contends he provided the housing and main income for the marriage and Williams' partnership with Maddox in their ventures produced millions of dollars in income, of which Williams' share was always given to Leaphart; because all his funds were controlled by Leaphart, the $12,500 evidenced by the note came from funds he created; and the note merely served as evidence of Williams' advancement of funds in case something happened to him; Williams also avers the note was satisfied by benefits received by Leaphart in their divorce settlement agreement.

Williams' affidavit also contends the $12,500 note was repaid by his and Maddox' conveyance to Leaphart of three lots in the Wick's Lake property which was purchased with the money. Appellant Maddox filed an affidavit stating that the $12,500 debt was satisfied by conveyance to Leaphart of three lots of the Wick's Lake property which was bought with the money.

Leaphart successfully contended below that she is entitled to summary judgment because Williams and Maddox admit their execution of the note and (according to her) they filed no affirmative defenses. The trial court awarded her $12,500 plus $26,125 interest and $5,793.75 attorney fees, costs, and post-judgment interest. Williams and Maddox appeal. Held:

1. Appellee Leaphart wastes much effort asserting that appellants failed to file any affirmative defense. The record shows on its face that appellants filed affirmative defenses. The question is whether appellants' affirmative defenses are sufficient to contradict their promise to pay and to withstand summary judgment.

2. Leaphart contends that, according to Brooks v. McCorkle, 174 Ga.App. 132, 329 S.E.2d 214 and Freezamatic Corp. v. Brigadier Indus., 125 Ga.App. 767, 189 S.E.2d 108, an unconditional promise to pay in a promissory note is enforceable, parol evidence is inadmissible to inject conditions to it, and evidence of other dealings of the parties cannot vary its terms. Under Brooks v. McCorkle, no valid defense to the unconditional promise to pay is raised by Williams' assertions that his and Leaphart's divorce settlement resolved this debt and that the money she advanced was really his money. As a matter of fact, those assertions do not vary the clear terms of his promise to pay $12,500 to Leaphart "for value received."

However, appellants specifically contend the note was paid by the transfer to Leaphart of three lots in the same Wick's Lake subdivision which were purchased with the $12,500. This is a valid defense of accord and satisfaction.

In Brooks v. McCorkle, it was contended that the creditor held the note in trust for her husband, who was the debtor's former partner, and that the note was subject to set-offs between the creditor's husband and the debtor or was void for lack of consideration. In ...