Klaus P. Schmueser and Ursula v. Schmueser, Cross-Appellees v. The Burkburnett Bank, Cross-Appellant
Court of Appeals for the Fifth Circuit
1Opinion of the Court
SHAW, Chief District Judge:
OPINION
In 1985, Klaus P. Schmueser and Ursula V. Schmueser (“the Sehmuesers”) entered into a contract to sell their home to Clayton and Loretta Graef (“the Graefs”). Pursu ant to the contract, the Graefs executed a monthly installment note payable to the Schmuesers and furnished a one-year $20,-000 irrevocable letter of credit as security against default. The letter of credit was issued by the Burkburnett Bank (“the Bank”) on July 29, 1985.
Following Mr. Graefs death in December of 1985, Mr. Schmueser informed the Bank on several occasions that Mrs. Graef had failed…
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