Musselman v. Colonial Bank of North Alabama

This is an appeal by the plaintiffs, Charles W. and Hilda F. Musselman, of a summary judgment entered in favor of the defendant, Colonial Bank of North Alabama, formerly d/b/a The Bank of Huntsville (“Bank”). That judgment was made final pursuant to Rule 54(b), A.R.Civ.P. We reverse and remand.

The issues are whether the Musselmans waived any claims they had against the Bank by renewing a promissory note to the Bank and whether the conflicting nature of the testimony presented by the plaintiffs and the defendant precluded summary judgment.

The plaintiffs stated the following claims in their…