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MOFFAT COUNTY STATE BANK v. TOLD

No. 89SC209.

800 P.2d 1320 (1990)

MOFFAT COUNTY STATE BANK, Petitioner, v. Thomas N. TOLD and Mollie M. Told, Respondents.

Supreme Court of Colorado, En Banc.

November 19, 1990.

Attorney(s) appearing for the Case

Anthony T. Accetta & Associates, P.C., Anthony T. Accetta, Lee A. Applegate, Denver, for petitioner.

Calkins, Kramer, Grimshaw & Harring, Richard L. Harring, Randall M. Livingston, Denver, for respondents.

Justice VOLLACK delivered the Opinion of the Court.

Moffat County State Bank (the Bank) brought this action against Thomas and Mollie Told (the Tolds) to obtain a judgment against the Tolds for their failure to honor a $100,000 loan guaranty agreement. The Tolds defended on the ground that their liability on the loan guaranty was discharged by Orin Farnsworth's (Farnsworth) oral agreement with the Bank that he would assume the Tolds' obligation. The Moffat County...

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