State Capitol Bank of Oklahoma City v. Norick

BRIGHTMIRE, Judge.

A bank brings this action against two limited guarantors of a promissory note to recover an unpaid balance. The trial court granted defendants a summary judgment on the ground an amount in excess of their agreed liability limits had been paid on the note. Bank assails the ruling for being, it says, contrary to the guarantors’ agreement.

I

On August 10, 1967, Spring Creek Memorial Cemetery, Ltd. (SCMC, Ltd.), a limited partnership, gave plaintiff, State Capitol Bank, its $70,000, interest-bearing promissory note payable in monthly installments of $1,000 plus interest, beginning…