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CHITTENDEN & EASTMAN CO. v. LEASURE

No. 17952.

783 P.2d 320 (1989)

116 Idaho 981

CHITTENDEN & EASTMAN CO., a corporation, Plaintiff-Respondent, v. H. Larry LEASURE, an individual, Defendant-Appellant.

Court of Appeals of Idaho.

December 1, 1989.

Attorney(s) appearing for the Case

Givens, Pursley, Webb & Huntley, Boise, for defendant-appellant. Michael T. Spink argued.

Ellis, Brown & Sheils, Chartered, Boise, for plaintiff-respondent. Francis P. Walker argued.

BURNETT, Judge.

The issues posed here are whether a guaranty agreement is ambiguous and, if so, whether the district court has properly ascertained the parties' underlying intent. To both questions, our answer is "yes."

The issues are framed by undisputed facts. Chittenden & Eastman Co., an Indiana furniture manufacturer, sold its products to a furniture retail outlet owned by Thomas Leasure in Sheridan, Wyoming. When the store encountered financial difficulties...

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