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BECKER v. FIRST AMERICAN STATE BANK

No. C1-87-1875.

420 N.W.2d 239 (1988)

Robert BECKER, et al., Appellants, v. FIRST AMERICAN STATE BANK OF REDWOOD FALLS, Respondent.

Court of Appeals of Minnesota.

March 1, 1988.

Attorney(s) appearing for the Case

J. Brian O'Leary, O'Leary & Moritz Chartered, Springfield, for appellants.

Paul H. Anderson, LeVander, Gillen, Miller, Anderson and Kuntz, South St. Paul, for respondent.

Considered and decided by NORTON, P.J., and KALITOWSKI and SCHULTZ, JJ., with oral argument waived.

OPINION

HAROLD W. SCHULTZ, Judge.

This appeal is from a summary judgment dismissing an action based on an alleged oral credit agreement. The trial court determined the action was barred by Minn. Stat. § 513.33 (1986), which provides a credit agreement must be in writing to be actionable. Appellants claim (1) the statute does not apply to their particular action, (2) the writing requirement is eliminated under the doctrine of part performance, and (3...

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