Opinion
50655.
SUBMITTED MAY 6, 1975.
DECIDED JUNE 19, 1975.
Action on note. Cook Superior Court. Before Judge Lott.
M. Dale English, for appellant.
Griffis Thomas, Virgil D. Griffis, for appellee.
In this suit on a promissory note, the plaintiff was granted summary judgment. The motion was based on the pleadings only. Defendant's answer denied all material allegations of the complaint and additionally affirmatively pleaded want of consideration and fraud and duress. It is apparent therefore that material issues of fact are present and it was error to grant the motion.
Judgment reversed. Webb and Marshall, JJ., concur.