NYMAN v. WASHINGTON STATE BK.

No. 79-833.

86 Ill. App.3d 781 (1980)

408 N.E.2d 471

FLOYD M. NYMAN, Plaintiff-Appellant, v. WASHINGTON STATE BANK, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed July 29, 1980.


Attorney(s) appearing for the Case

James Walker and James R. Wylder, both of James Walker, Ltd., of Bloomington, for appellant.

Daniel Furrh, of Goldsworthy, Fifield & Prusak, of Peoria, for appellee.


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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