Whorley v. First Westside Bank

The district court sustained the demurrer of the defendant-appellee, First Westside Bank, to the third amended petition filed against it by the plaintiffs-appellants, Richard A. and Rita A. Whorley and R.A.W., Inc., doing business as Greenwood Truck Plaza & Copper Plate Restaurant, and thereafter dismissed the plaintiffs’ action. Plaintiffs assign the dismissal as error. We reverse and remand for further proceedings consistent with this opinion.

The petition asserts three separate theories under which the plaintiffs claim to be entitled to recovery as the result of the damages they sustained…