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CINCO ENTERPRISES, INC. v. BENSO

No. 80205.

890 P.2d 866 (1994)

CINCO ENTERPRISES, INC., Appellee, v. Steve J. BENSO and Pasquale Benso, Appellant.

Supreme Court of Oklahoma.

December 6, 1994.

Attorney(s) appearing for the Case

D. Benham Kirk, Jr., Harvey D. Ellis, Jr., Oklahoma City, for appellant.

Timothy E. Rhodes, Michael R. Hoover, Oklahoma City, for appellee.

ALMA WILSON, Justice.

The dispositive question is whether Cinco Enterprises, Inc., appellee, is entitled to a money judgment as a matter of law on its claim that Pasquale Benso, appellant, promised to answer for five promissory notes signed by Steve J. Benso and sued on herein. We answer in the negative and hold that the district court erred in granting summary judgment in favor of Cinco Enterprises, Inc.

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