CAPITAL ASSOC., INC. v. SALLY SOUTHLAND, INC.

No. 57595.

529 So.2d 640 (1988)

CAPITAL ASSOCIATES, INC. v. SALLY SOUTHLAND, INC., d/b/a Sunflower of Brookhaven and Frank Malta.

Supreme Court of Mississippi.

Rehearing Denied August 31, 1988.


Attorney(s) appearing for the Case

Pat Henley, Henley, Lotterhos & Henley, Jackson, for appellant.

Daniel H. Fairly, Stratton & Fairly, Brookhaven, for appellees.

En Banc.


HAWKINS, Presiding Justice, for the Court:

Sally Southland, Inc. (Southland), and Frank Malta (Malta), Southland's major if not sole shareholder, were sued by Capital Associates (Capital) in the circuit court of Lincoln County upon a lease agreement executed by Southland unto Capital, and upon which Malta executed a personal guaranty. Capital appeals from a judgment in favor of these defendants.

Because Capital was entitled to a judgment as a matter of law...

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