Capital One Bank v. Creed

JOHN E. PARRISH, Judge.

Capital One Bank (plaintiff) appeals a judgment for Marsha K. Creed (defendant) in an action for breach of contract and a counterclaim for declaratory judgment. This court affirms the part of the judgment for defendant on the breach of contract claim, reverses the part of the judgment rendered on the counterclaim for declaratory judgment, and remands.

Plaintiff alleged in its amended petition for breach of contract that it entered into a contract with defendant whereby plaintiff would extend credit to defendant. Plaintiff alleged that defendant agreed to pay the sums…