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CHASE MANHATTAN BANK v. FIRST MARION BANK

No. 29049.

437 F.2d 1040 (1971)

The CHASE MANHATTAN BANK, a national banking association, Plaintiff-Appellant, v. The FIRST MARION BANK, a banking corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 5, 1971.

Attorney(s) appearing for the Case

George L. Hudspeth, Jacksonville, Fla., for plaintiff-appellant.

Harry C. Dozier, Virgil L. Milbrath, Ocala, Fla., for defendant-appellee.

Before TUTTLE, DYER and SIMPSON, Circuit Judges.

DYER, Circuit Judge:

Chase Manhattan Bank appeals from the District Court's dismissal, pursuant to Fed.R.Civ.P. 41(b), of its breach of contract action. Chase contends that the court erred in refusing to admit parol evidence concerning the circumstances surrounding, and duration of, an allegedly ambiguous subordination and standby agreement with First Marion Bank, defendant in this case. Because evidence should have been admitted to explain and supplement the terms...

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