Hayes v. American National Bank of Powell

URBIGKIT, Justice,

specially concurring, with whom MACY, Justice, joins.

A complex three-party loan transaction involving settlement, stipulations and contentions of limited guarantee is resolved in this case without trial by summary judgment adopted motion. I would affirm the decision of the trial court but differ from the majority in reasoning and factual asser*607tions. My concern partially reaches factual conflicts that may exist but are not relevant, but primarily statements of law with which I have question or open disagreement.

Sequentially, the facts of this case include:

I. May 19, 1980,…