Reversed and remanded.
Mr. JUSTICE STOUDER delivered the opinion of the court:
Plaintiff Floyd M. Nyman filed suit against defendant Washington State Bank alleging breach of an oral contract to pay certain creditors of one Jack L. Cook. Defendant moved to dismiss the complaint pursuant to section 48 of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 48), alleging the existence of affirmative matters defeating the cause of action. This appeal is...
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