RICKER v. B-W ACCEPTANCE CORPORATION

No. 8015.

349 F.2d 892 (1965)

Charles L. RICKER, Appellant, v. B-W ACCEPTANCE CORPORATION, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 16, 1965.


Attorney(s) appearing for the Case

Eugene Klecan, Albuquerque, N. M. (Bingham & Klecan, Albuquerque, N. M., on brief), for appellant.

Eric D. Lanphere, Albuquerque, N. M. (Iden & Johnson, Bryan G. Johnson and James T. Paulantis, Albuquerque, N. M., on brief), for appellee.

Before PHILLIPS, LEWIS and HILL, Circuit Judges.


PHILLIPS, Circuit Judge.

Ricker has appealed from a summary judgment against him, individually, in favor of B-W Acceptance Corporation, on a written contract of guaranty. In opposition to the motion for summary judgment, Ricker filed an affidavit in which he admitted that he signed the written guaranty, but averred that he signed it in his representative capacity as President of Modern Furniture Company, a New Mexico corporation, and did not execute it as an individual...

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