Kersten v. Continental Bank

OPINION

HAIRE, Presiding Judge.

This appeal is from a summary judgment granted in favor of defendant, Continental Bank. The plaintiffs’ complaint included four counts. Plaintiffs urge that granting the summary judgment was erroneous with respect to the first three counts. We will discuss those facts necessary to the resolution of each count as they become pertinent.

COUNT I

The plaintiffs owned Form-A-Top, Inc., an incorporated business. For the benefit of that business, they became involved in financing arrangements with Continental Bank. We will treat the interests of the plaintiffs as being…