Clinton George Blanchard and Gertrude Blanchard v. Peoples Bank

I respectfully dissent. In my opinion this case was not ripe for summary judgment.

A certificate of deposit is a contract between the bank and its depositors. Its provisions determine the manner in which the funds may be withdrawn and is subject to the law of contracts. Ames v. Great Southern Bank, 672 S.W.2d 447, 449 (Tex.1984), Salazar v. San Benito Bank & Trust Co., 730 S.W.2d 21, 23 (Tex.App.Corpus Christi 1987 no writ). Texas Law imposes on contracting parties a duty to discharge the contract with “care, skill, expedience and faithfulness.” Bernard Johnson v. Continental Constructors, 630…