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FIRST NAT. BANK & TRUST OF WILLISTON v. ASHTON

Civ. No. 880299.

436 N.W.2d 215 (1989)

FIRST NATIONAL BANK & TRUST OF WILLISTON, Plaintiff and Appellee, v. Loye ASHTON, a/k/a Loye A. Ashton, Defendant, Richard Jensen and Verlin Fossum, Defendants and Appellants.

Supreme Court of North Dakota.

February 10, 1989.

Attorney(s) appearing for the Case

Anseth & Zander, Williston, for defendants and appellants; argued by Janet Holter Zander.

McIntee & Whisenand, P.C., Williston, for plaintiff and appellee; argued by Terry R. Lorenz, Williston.

ERICKSTAD, Chief Justice.

The defendants Richard Jensen and Verlin Fossum appeal from a judgment issued by the district court which held that Jensen and Fossum were jointly and severally liable to the plaintiff, First National Bank & Trust Company of Williston, as a result of the guaranty they each signed and further dismissed their counterclaim against the Bank. We reverse in part, affirm in part, and remand with instructions.

On October 14, 1983, Jensen...

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