Wenke v. Norton

Whitman, Judge.

W. E. Norton sued R. A. Wenke, alleging an indebtedness. Motions for summary judgment were made by both parties and both motions were denied. The main appeal and the cross appeal enumerate the denial of their respective motions as error. Held:

1. It appears from the evidence presented that defendant Wenke executed an “Assumption of Existing Loan” agreement with a bank which recites the following:

“[Agreement dated March 30, 1965, between bank and Wenke.]

“Whereas, W. L. Staley (hereinafter referred to as ‘debtor’) is presently indebted to bank on an instalment loan evidenced by a…