Becker v. First American State Bank of Redwood Falls

OPINION

HAROLD W. SCHULTZ, Judge.

This appeal is from a summary judgment dismissing an action based on an alleged oral credit agreement. The trial court determined the action was barred by Minn. Stat. § 513.33 (1986), which provides a credit agreement must be in writing to be actionable. Appellants claim (1) the statute does not apply to their particular action, (2) the writing requirement is eliminated under the doctrine of part performance, and (3) a fact issue regarding the existence of the oral agreement precludes summary judgment. We affirm.

FACTS

Appellants Robert and Marlyce Becker own a…