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WALLWORK LEASE & RENTAL CO. v. LeBUS

Civ. No. 11379.

411 N.W.2d 89 (1987)

WALLWORK LEASE & RENTAL COMPANY, INC., Plaintiff and Appellee, v. L. Martin LeBUS and Winchester Industries, Inc., Defendants, and Air Freight Express, Defendant and Appellant.

Supreme Court of North Dakota.

August 20, 1987.

Attorney(s) appearing for the Case

Nilles, Hansen & Davies, Fargo, for plaintiff and appellee; argued by Leo F.J. Wilking.

Dosland, Dosland, Nordhougen, Lillehaug & Johnson, Moorhead, for defendant and appellant; argued by John P. Dosland.

LEVINE, Justice.

Air Freight Express, Inc. ["Air Freight"] appeals from a district court judgment awarding damages against it as a guarantor on two leases. We modify the judgment and remand with instructions.

In February 1984 Wallwork Lease & Rental Company ["Wallwork"] entered into agreements to lease two airplanes to L. Martin LeBus for a period of five years. The aircraft were to be used by Air Freight. A corporate officer executed guarantees of the...

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