INVESTMENT SERVICE CO. v. ROPER

No. 76-2706.

588 F.2d 764 (1978)

INVESTMENT SERVICE CO., a corporation, Appellant, v. James H. ROPER and Donald E. Westfall, Appellees.

United States Court of Appeals, Ninth Circuit.

December 29, 1978.


Attorney(s) appearing for the Case

Richard M. Botteri, Cleveland C. Cory, argued, Portland, Or., for appellant.

Richard K. Smith, Burley, Idaho, for appellees.

Before KILKENNY, GOODWIN and KENNEDY, Circuit Judges.


GOODWIN, Circuit Judge:

The sole issue in this case is whether the officers and principal stockholders of a corporation who signed a guaranty for a corporate debt are liable on that guaranty.

The defendants, Roper and Westfall, controlled an Idaho corporation, TDM. TDM negotiated a distributorship agreement with SMC, an Oregon corporation that manufactured snowmobile carriers. A proposed contract was drafted by SMC and sent to Roper and Westfall, who signed...

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