AMPEX CREDIT CORP. v. BATEMAN

No. 76-2767 Summary Calendar.

554 F.2d 750 (1977)

AMPEX CREDIT CORPORATION and Ampex Corporation, Plaintiffs-Appellees, v. Needham BATEMAN and Harold Suit, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 2, 1977.


Attorney(s) appearing for the Case

Wm. F. Lozier, George W. Willingham, John M. Bovis, John V. Burch, Atlanta, Ga., for defendants-appellants.

Chas. M. Kidd, Atlanta, Ga., Jon E. Jones, Cookeville, Tenn., Foy R. DeVine, Atlanta, Ga., for plaintiffs-appellees.

Before BROWN, Chief Judge, and RONEY and HILL, Circuit Judges.


RONEY, Circuit Judge:

Dr. Needham B. Bateman appeals from a jury verdict finding him liable on a guaranty agreement. Bateman admits he signed the agreement, but denies liability. He asserts that the failure of two co-guarantors to sign violated a condition precedent which his attorney had no authority to waive in his behalf, and that the lack of his consent to assignment of rights under the agreement prevents the assignee from enforcing the guaranty. Rejecting his...

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