First National Bank & Trust Co. of McAlester v. Chrysler Credit Corp.

MEMORANDUM OPINION

HUNTER, Judge:

Appellant (Chrysler Credit) claims the trial court erred when it granted summary judgment in favor of Appellee (Bank) (78,702), and when it subsequently awarded attorney fees to Bank (79,352). We hold that retail finance drafts, even when the draft forms are crafted by drawee for the use of dealerships, do not contain an implied promise that drawee will pay. Draw-ee is not obligated to pay unless drawee accepts the draft. The recourse for payment is against drawer of the draft.

FACTS

Chrysler Credit and Fitter Jeep-Eagle (Dealership), entered a contract for…