Thornbury v. Morris Oil Co., Inc.

CROW, Presiding Judge.

The trial court entered summary judgment, Rule 74.04, 1 for $30,000 plus interest in favor of Morris Oil Company, Inc. (“Morris Oil”) and against Metropolitan National Bank (“Metropolitan”) on a letter of credit. Metropolitan appeals, insisting the letter is invalid because it was never “issued.” A narrative of the unique facts is essential in addressing the legal issues.

Because the trial court heard no evidence, we glean the facts from the pleadings, depositions, and affidavits presented to the trial court, supplemented by the facts agreed on by Metropolitan and Morris…