Kurt Van Engel Comm'n Co., Inc. v. Zingale

¶ 34. (dissenting). In 1980, Anthony J. Zingale, Ann Zingale's husband, borrowed some $96,000 from his friend and co-worker, telling him that he needed the money to buy a home. Over the years, despite continued requests and demands, Mr. Zingale neither repaid the loan nor any of the accumulating interest. When Mr. Zingale died in 1999, he owed several hundred thousand dollars. Relying on Mr. Zingale's acknowledgment of the debt in 1995, and what the trial court saw as Mr. Zingale's renewed promise to pay what he owed — all reified in a formal written 1995 agreement that expressly provided…