This section contains the nature of the case and procedural background.

Zukerkorn (D) executed in favor of Bank (P) a $6,394.21 demand note on November 22, 1965, and a $2,500 two-year note dated September 23, 1966. D made no payments on either note. On August 6, 1973, P obtained an auto loan from P and paid it off on April 6, 1976. On or about December 11, 1975, D applied to P for a master charge credit card. D admits that P told him he owed money on an old account. P then issued the card conditioned upon D’s agreement to pay $100 per month on the old account. D denies these assertions by P that the old notes were specifically identified and that his agreement specifically related to them. D also denies that he, in fact, paid $200 in cash at or about the time he made the agreement. Both parties agree that after the agreement D made payments on his auto loan, on the master charge account, and pursuant to the repayment agreement another $500 up and until August 23, 1976. On March 3, 1978, P sued D on the notes and the balance due on the master charge account. P got summary judgment for all its claims. D appealed.

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