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CROMPTON-RICHMOND CO., INC.-FACTORS v. SMITH

No. 16056.

392 F.2d 577 (1967)

CROMPTON-RICHMOND CO., INC.-FACTORS v. E. P. Tatum SMITH, Jr., Appellant.

United States Court of Appeals Third Circuit.

Decided November 28, 1967.

Attorney(s) appearing for the Case

Oliver C. Biddle, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., (Morris Cheston, Jr., Philadelphia, Pa., on the brief), for appellant.

Leon S. Forman, Wexler, Mulder & Weisman, Philadelphia, Pa., for appellee.

Before SMITH, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Plaintiff sued on a written guaranty. Defendant's answer admitted the guaranty but denied liability. After discovery plaintiff moved for summary judgment which was granted. Crompton-Richmond Co., Inc.-Factors v. Smith, 253 F.Supp. 980 (East.D.Pa., 1966). This appeal by defendant followed.

The defendant's basic defense below was that the parol evidence developed by discovery would...

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