THORNBURY v. MORRIS OIL CO., INC.

No. 18005.

846 S.W.2d 238 (1993)

Wilford THORNBURY and Ruby Thornbury, Plaintiffs, v. MORRIS OIL COMPANY, INC., Defendant-Respondent, and Metropolitan National Bank, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

January 28, 1993.


Attorney(s) appearing for the Case

D. Patrick Sweeney, Hall, Ansley, Carmichael & Gardner, Springfield, for defendant-appellant.

C. Ronald Baird, Mark J. Millsap, Dorr, Baird and Lightner, P.C., Springfield, for defendant-respondent.


CROW, Presiding Judge.

The trial court entered summary judgment, Rule 74.04,1 for $30,000 plus interest in favor of Morris Oil Company, Inc. ("Morris Oil") and against Metropolitan National Bank ("Metropolitan") on a letter of credit. Metropolitan appeals, insisting the letter is invalid because it was never "issued." A narrative of the unique facts is essential in addressing the legal issues.

Because the trial court heard no evidence...

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