STREVELL-PATERSON CO., INC. v. FRANCIS

No. 17598.

646 P.2d 741 (1982)

STREVELL-PATERSON CO., INC., Plaintiff and Respondent, v. Michael R. FRANCIS, Defendant and Appellant.

Supreme Court of Utah.

May 12, 1982.


Attorney(s) appearing for the Case

Gary H. Weight, Provo, for defendant and appellant.

David J. Jordan, Danny C. Kelly, Salt Lake City, for plaintiff and respondent.


OAKS, Justice:

This is an action by a creditor against a guarantor for amounts allegedly due on a written guarantee. The district court gave summary judgment enforcing the guarantee against the creditor. The issues on the guarantor's appeal are (1) whether there was a genuine issue of material fact as to whether the creditor orally released the guarantor and (2) whether the guarantor was discharged as a matter of law because the creditor, before seeking to enforce...

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