Luebbert v. Simmons

98 S.W.3d 72 (2003)

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Nature of the Case

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Facts

P and D began dating. In March of 1995, D arranged to rent her lake home to Royals' manager Bob Boone and moved with her two daughters into P's lake home. D was in the middle of a divorce and had filed for bankruptcy. D often borrowed money from P during their relationship. She occasionally paid him back. P repeatedly reminded her of the money she owed him. As they sat having drinks on the deck overlooking the lake, D, using a fill-in-the-blank form, sloppily wrote P a promissory note stating that she owed him $12,200 'at 10% due by December 30, 1995.' As they sat having drinks on the deck overlooking the lake, D, using a fill-in-the-blank form, sloppily wrote P a promissory note stating that she owed him $12,200 'at 10% due by December 30, 1995.' Shortly thereafter, D gave P a second, more-legible promissory note, that did not vary from the first note. P never received payment. D and her daughters moved out on June 1, 1995. She wrote two post-dated $1,000 checks to P. P repeatedly honored her request that he hold off on cashing the checks. When he finally did try to cash them, payment had been stopped. P sued D on the note. The court entered judgment against P for $12,200, plus interest of $8,153.13, plus costs. D appealed. D argues that there was no meeting of the minds because she had been drunk when she signed the first note and had signed as a joke.