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MOFFAT COUNTY STATE BANK v. TOLD

No. 87CA1883.

780 P.2d 11 (1989)

MOFFAT COUNTY STATE BANK, a Colorado corporation, Plaintiff-Appellee, v. Thomas N. TOLD and Mollie M. Told, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing March 23, 1989.

Certiorari Granted September 5, 1989.

Attorney(s) appearing for the Case

Anthony T. Accetta and Associates, P.C., Anthony T. Accetta and Lee A. Applegate, Denver, for plaintiff-appellee.

Calkins, Kramer, Grimshaw & Harring, Kim J. Seter, Charles E. Norton and Richard Harring, Denver, for defendants-appellants.

NEY, Judge.

Plaintiff, Moffat County State Bank, instituted this action to recover $100,000 allegedly owed by defendants, Thomas N. Told and Mollie M. Told, under a written guaranty agreement. Defendants appeal from the summary judgment entered in favor of the Bank. We reverse and remand.

Mollie Told and Orin Farnsworth were joint owners of a pharmacy which they sold to a third party in 1980. At the time of the sale and as part of the transaction, the Tolds...

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