This is review of a summary judgment for plaintiff.
In affidavit in support of his motion, plaintiff stated thаt he was president, general manager and principal stockholder of Yeakey-Scripps, Inc.; that defendants were active managers, stockholders and directors actively interested in DeKorne Furniture Company, Inc.; that DeKorne Furniture Company, Inc., had owed Yeakey-Scripps, Inc., $3,835.81; that the furniture company was in straitened circumstances and made a compromise offеr of 25 per cent, to plaintiff for the Yeakey-Scripps, Inc.; that plaintiff, for his company, refused to accept the offеr unless he or his company were given a nоte for the balance; that subsequently plaintiff received the note in question which is signed by dеfendants and runs to plaintiff personally and covers the balance of the accounts; that the consideration of the notе was ‘ ‘ the forbearance of plaintiff and Yeakey-Scripps, Inc., against said DeKоrne Furniture Company, Inc., for said balance, the amount of said note.”
*636 One of the defendants made affidavit in opposition to the motion, stating that the note is void for want of сonsideration; that neither of the defendants was indebted to the plaintiff, and no consideration was paid to the defendants for the giving of the note; that the DeKorne Furniture Company, Inc., made an agreement with all its general creditors to accept 25 pеr cent, in full compromise and settlement оf their claims; that the Yeakey-Scripps, Inc., received the amount and gave reсeipt in full settlement and satisfaction of its сlaim; that some six weeks later plaintiff obtаined the note from defendants without considеration; and that no consideration moved between the parties hereto.
Both оf the affidavits are subject to the criticism thаt they dealt principally with conclusions rather than with statements of fact. Had plaintiff mоre particularly set up the considerаtion for the note, we'would be inclined to hоld that defendants’ denial of consideratiоn was not sufficiently specific. But, as both affidavits are on the border line, summary judgment should not be entered.
Reversed and remanded for trial, with costs.