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BOWL-OPP, INC. v. BAYER

458 P.2d 435 (1969)

BOWL-OPP, INC., a Delaware Corporation, Appellant, v. Lewis F. BAYER; J. Sheldon Baker; William M. Carroll; Howard I. Bobbitt, Individually; and Howard I. Bobbitt, As Trustee, Respondents.

Supreme Court of Oregon, Department 2.

Decided September 10, 1969.

Attorney(s) appearing for the Case

Roger L. Meyer, Portland, argued the cause for appellant. With him on the briefs were Sabin, Newcomb, Sabin & Meyer and Jack B. Schwartz, Portland.

Leo Levenson, Portland, argued the cause and filed a brief for respondent Howard I. Bobbitt.

No appearances for respondents Lewis F. Bayer, J. Sheldon Baker and William M. Carroll.

Before SLOAN, P.J., and O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

HOLMAN, Justice.

This is an action upon a guaranty. Plaintiff appealed from a judgment entered on a jury verdict for defendants.

Defendants were the sole stockholders of a corporation, Town & Country Bowl, Inc. (Town & Country) which was organized to construct and operate a bowling alley. Town & Country entered into an agreement with North American Capital Corporation (North American), whereby North American committed itself to lend to Town &...

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