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JOHNS-MANVILLE SALES CORP. v. BARTON

No. 7924

118 N.H. 195 (1978)

JOHNS-MANVILLE SALES CORPORATION v. ALLAN P. BARTON

Supreme Court of New Hampshire.

March 31, 1978.

Attorney(s) appearing for the Case

Rinden Professional Association, of Concord (Paul Rinden orally), for the plaintiff.

Orr & Reno Professional Association, of Concord (John W. Barto orally), for the defendant.

GRIMES, J.

This is an action on a guarantee executed by Allan P. Barton whereby he guaranteed "payment of any and all indebtedness now due or hereafter to become due" to plaintiff from Barton Construction, Inc. Plaintiff seeks to obtain payment of such an indebtedness allegedly due the plaintiff by Barton Construction, Inc., in the amount of $28,000.

Defendant moved that the trial of this action be held in abeyance on the grounds that the plaintiff had previously...

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