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LAYNE v. GARNER

1910262, 1910301.

612 So.2d 404 (1992)

Delbert W. LAYNE and Charlotte Layne v. Robert M. GARNER. Robert M. GARNER v. Delbert W. LAYNE and Charlotte Layne.

Supreme Court of Alabama.

Rehearing Denied January 8, 1993.

Attorney(s) appearing for the Case

Fred K. Granade of Stone, Granade, Crosby & Blackburn, P.C., Bay Minette, for appellants/cross-appellees.

Samuel G. McKerall, Gulf Shores, for appellee/cross-appellant.

MADDOX, Justice.

One issue is presented in these consolidated appeals: Can a guarantor, who has paid part of the guaranteed debt, enforce contribution against his coguarantors without having paid the entire indebtedness, given that the guaranty agreement contained the following provision:

"5. The undersigned [the guarantors] will not exercise or enforce any right of contribution, reimbursement, resource, or subrogation available to the undersigned...

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