BERREY, Judge.
Montrose Savings Bank (hereinafter "bank") instituted suit, in the Circuit Court of Jackson County, against Darwin C. Landers (hereinafter "appellant") for payment upon thirteen promissory notes which had been obtained by fraud and deceit. Appellant, in a motion for summary judgment and thereafter in a motion for a directed verdict, raised the affirmative defense of a covenant not to sue as a complete bar to this litigation. The court denied both motions...
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