Evans v. First National Bank of Jasper

THOMAS, Judge.

Nora Evans appeals from a summary judgment in favor of First National Bank of Jasper (“the Bank”) in an action on a promissoiy note and security agreement. We reverse and remand.

On April 25, 1997, Evans purchased a vehicle from Carl Cannon Chevrolet Oldsmobile, Inc. (“Cannon”), pursuant to a retail installment contract and security agreement (“the contract”). That same day, Cannon assigned the contract to the Bank. On January 17, 2002, the Bank sued Evans, alleging a breach-of-contract claim seeking the balance due on the contract, plus an attorney fee, or, in the alternative,…