WARNER v. BERG

No. WD 35323.

679 S.W.2d 913 (1984)

Marvin L. WARNER, Plaintiff-Respondent, v. Kenneth P. BERG, Defendant-Appellant.

Missouri Court of Appeals, Western District.

October 23, 1984.


Attorney(s) appearing for the Case

Donald R. Schoonover, and Charles A. Elliott, Kansas City, for defendant-appellant.

Milton C. Clarke, Niles S. Corson, John R.T. Mitchell, Kansas City, for plaintiff-respondent.

Before CLARK, P.J., and NUGENT and LOWENSTEIN, JJ.


LOWENSTEIN, Judge.

Kenneth Berg appeals from a summary judgment in favor of plaintiff-respondent, Marvin Warner. The following facts are not in dispute. Westminster Gerontology Foundation, Inc. (WGF) executed a promissory note payable to Warner with Berg acting as a limited guarantor. WGF twice defaulted on the note and after each incident, Warner and Berg entered into a Modification and Stock Pledge Agreement.

The dispute arose when WGF allegedly defaulted...

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