BORG WARNER v. SHAKOPEE SPORTS CENTER

No. C2-87-1707.

431 N.W.2d 539 (1988)

BORG WARNER ACCEPTANCE CORP., Petitioner, Appellant, v. SHAKOPEE SPORTS CENTER, INC., et al., Defendants, John Dobson, et al., Respondents.

Supreme Court of Minnesota.

November 23, 1988.


Attorney(s) appearing for the Case

Stephen Walburg, Shakopee, for John Dobson, et al.

Brian E. Palmer, Kim Anderson, and David Hackley, Minneapolis, for Borg Warner Acceptance Corp.

Heard, considered, and decided by the court en banc.


SIMONETT, Justice.

We conclude, as did the trial court, that plaintiff-appellant is entitled to summary judgment enforcing a personal guaranty given it by defendants Dobson. The court of appeals' decision holding that a genuine issue of material fact precluded summary judgment is reversed.

Over a period of years, Shakopee Sports Center, Inc., financed its inventory of boats, motors, and accessories under successive...

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