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BURNS v. FERGUSON

No. 49442.

576 P.2d 784 (1977)

Franklin L. BURNS, Jack D. Egloff, Glenn W. Justice, James A. Justice, John D. Murchison, Frank A. Rees, E. Gordon Smith and Jack C. Vaughn, Trustees of Justice Mortgage Investors, a Massachusetts unincorporated business trust, Appellees, v. Ronald G. FERGUSON and Delores J. Ferguson, Appellants, and Cavalier Enterprises, Inc. (formerly Cavalier Construction Company), an Oklahoma Corporation, Uniworld Management Corporation, a Virginia Corporation, Bill W. Mash and LaQuitta D. Mash, Marvin D. Donalson and Mildred I. Donalson, Scott T. Muse, Jr. and Lesta L. Muse, Defendants.

Court of Appeals of Oklahoma, Division 2.

Rehearing Denied January 11, 1978.

Certiorari Denied March 1, 1978.

Released for Publication March 2, 1978.

Attorney(s) appearing for the Case

James R. Waldo and Steven L. Barghols, Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, for appellees.

David S. Eldridge and W. Davidson Pardue, Jr., Oklahoma City, Charles W. Jennings, Lawton, for appellants.

Released for Publication by Order of Court of Appeals March 2, 1978.

BRIGHTMIRE, Presiding Judge.

The issue presented in this lawsuit against two alleged guarantors of a note is whether the guaranty instrument they executed was complete when they signed it or merely an offer which was never accepted by the guarantee? The trial court held that it was complete upon execution and the executor appeals. We reverse.

I

The guaranty in question came...

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