Moore went to First National Bank and requested the president of the bank to allow his adult sons, Rocky and Mike, to open an account in the name of Texas Continental Express, Inc. Moore promised to bring his own business to the bank and orally agreed to make good any losses that the bank might incur from receiving dishonored checks from Texas Continental. The bank then furnished a regular checking account and bank draft services to Texas Continental. Several years later, Texas Continental wrote checks totaling $448,942.05 that were returned for insufficient funds. Texas Continental did not cover the checks and the bank turned to Moore for payment.
Was Moore's oral promise to pay Texas Continental's dishonored checks enforceable?
If not, what would have been required in the nature of a writing to make the promise enforceable?
Suppose there had been a written agreement between Moore and the bank: Would the bank have been able to enforce an oral promise made by Moore that was not stated in the written contract?
