James v. Preston

OPINION

GARFF, Judge:

The trial court dismissed plaintiff/appellant Clifford James’ suit on a trust deed on the basis that the trust deed was defective and that the debt upon which it was based was discharged in defendant/respondent Wayne R. Preston’s bankruptcy action. James seeks to have the judgment of dismissal reversed.

The facts giving rise to this dispute are extremely controverted. None of the terms of the agreement were memorialized in writing, and neither party produced witnesses to substantiate his version of the facts.

Preston’s version of the facts is as follows: During 1980, Preston…