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FIRST AMERICAN BANK & TRUST v. ELSBERRY

Civ. No. 890129.

448 N.W.2d 184 (1989)

FIRST AMERICAN BANK & TRUST OF MINOT, formerly American Bank and Trust Company, Plaintiff and Appellee, v. Robert C. ELSBERRY, d/b/a The Cedar Inn, Defendant and Appellant.

Supreme Court of North Dakota.

November 20, 1989.

Attorney(s) appearing for the Case

Robert W. Palda, Minot, for defendant and appellant.

Olson, Sturdevant and Burns, Minot, for plaintiff and appellee; argued by Michael G. Sturdevant, Minot.

VANDE WALLE, Justice.

Robert C. Elsberry appealed from a summary judgment dismissing his claim for breach of an alleged oral refinancing agreement by First American Bank & Trust of Minot. We affirm.

Elsberry operated a bar and restaurant business located in Surrey, North Dakota, which was known as The Cedar Inn. In 1987, First American Bank sued Elsberry to foreclose both its real estate mortgage and its security interest on equipment, fixtures and inventory...

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