Summary
In First National Bank v. Cecil, 23 Or. 58 (31 P. 61, 32 P. 393), an action to recover upon a promissory note alleged to have been given as the consideration for the bank's promise to not institute proceedings to contest a conveyance made to the defendant by his brother, the judgment was reversed because of an error committed by the court in instructing the jury upon the very point involved here.
Summary of this case from Lewis v. SiegmanOpinion
No. 92-CA-01090-SCT.
May 16, 1996.
Appeal from Jefferson County Circuit Court, Richard T. Watson Ruling Judge.
W. Bruce Lewis, Gwin Lewis Punches, Natchez, for Appellant.
R.L. Netterville, Natchez, for Appellee.
Before SULLIVAN, P.J., and PITTMAN and BANKS, JJ.
Reversed and Remanded.
PRATHER, P.J., and McRAE, JAMES L. ROBERTS, Jr., SMITH and MILLS, JJ., concur.
DAN LEE, C.J., concurs in result only.