Brown v. Founders Bank and Trust Co.

KAUGER, Judge:

Three issues are presented: 1) whether, on appeal, a party must contest the procedural aspects of a motion to dismiss with prejudice for failure to state a claim upon which relief may be granted to preserve substantive issues for review; 2) whether the requirement of 15 O.S.1991 § 140 1 that credit agreements in excess of $15,000.00 be in writing will bar a cause of action for fraud; and 3) whether the alleged facts may be sufficient to support a finding of a violation of the Bank Tying Act (Tying Act), 12 U.S.C. § 1971 (1989) et seq. We find that: 1) an order dismissing a cause…