Farrington v. Allsop

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Plaintiffs-Appellants Wayne and Alice Far-rington (the Farringtons) appeal the trial court’s grant of summary judgment in favor of Defendant-Appellee Galen Allsop.

We reverse and remand.

ISSUES

The Farringtons raise two issues, which we consolidate and restate as:

Whether a continuing oral promise to repay a debt, made by an attorney who is a cousin of a creditor and who has performed legal services for the creditor, constitutes constructive fraud which estops the debtor from asserting the statute of limitations as a defense to an action on a written…