F. M. A. Financial Corporation v. Build

F.M.A. Financial Corporation sued Build, Inc., on a note and to foreclose a mortgage which the latter had given to the plaintiffs assignor, Cook Realty Company, in payment of commission on a real estate transaction. The defense asserted in the defendants answer was lack of consideration. Upon the basis of the pleadings, the documentary evidence, the deposition of the defendants manager, and two affidavits, the District Court granted plaintiffs motion for summary judgment. Defendant appeals.