Foster v. Mutual Savings Ass'n

OPINION

SPURLOCK, Justice.

This is an appeal from a summary judgment granted defendant. Alfred E. Foster and wife sued Mutual Savings Association for breach of contract for failing to reinstate and modify a loan on their home. The original loan was in default and foreclosure was threatened. The defendant claimed it was a new loan the terms of which were not reduced to writing and signed by either party and therefore, the oral agreement, if any, was not enforceable because of the statute of frauds.

We affirm.

After the Fosters had become in arrears on their loan to Mutual, Mr. Foster had numerous…