CONTINENTAL BANK, ETC. v. UTAH SEC. MORTG.

Nos. 19086, 19087.

701 P.2d 1095 (1985)

The CONTINENTAL BANK & TRUST CO., a corporation, Plaintiff and Respondent, v. UTAH SECURITY MORTGAGE, INC., a corporation, F.A. Badger, Adrienne Badger, John N. Busk, Patricia C. Busk, H. Mervin Wallace, Virginia S. Wallace, Robert M. Wallace, and Carolyn M. Wallace, Defendants and Appellants.

Supreme Court of Utah.

June 6, 1985.


Attorney(s) appearing for the Case

Adrienne Badger, pro se, James R. Brown, Salt Lake City, for defendants and appellants.

Randall H. Mackey, Albert J. Colton, Salt Lake City, for plaintiff and respondent.


DURHAM, Justice:

The respondent, Continental Bank & Trust Company ("Continental"), brought this action to enforce a guaranty agreement between the respondent and the individual appellants. The agreement guaranteed promissory notes from Utah Security Mortgage, Inc. ("Utah Mortgage") to Continental. The trial court granted Continental's motion for summary judgment on the theory that the appellants had expressly consented in the guaranty agreements to waive their...

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