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BORG-WARNER ACCEPTANCE CORP. v. JOHNSTON

No. 9126SC511.

419 S.E.2d 195 (1992)

107 N.C. App. 174

BORG-WARNER ACCEPTANCE CORPORATION, Plaintiff, v. Hugh W. JOHNSTON and wife, Audrey S. Johnston, Defendants.

Court of Appeals of North Carolina.

August 4, 1992.

Attorney(s) appearing for the Case

DeLaney and Sellers, P.A. by Timothy G. Sellers and Charles E. Lyons, Charlotte, for plaintiff-appellee.

Hugh W. Johnston, Gastonia, for defendants-appellants and Smith Debnam Hibbert & Pahl by Jack P. Gulley, Raleigh, for defendant-appellant Audrey S. Johnston.

JOHNSON, Judge.

This case is before us now for the second time. The facts are set out in the previous opinion, Borg-Warner Acceptance Corp. v. Johnston, 97 N.C. App. 575, 389 S.E.2d 429 (1990), and will be repeated here only as necessary to understand the arguments.

Briefly, defendants (guarantors) unconditionally guaranteed two equipment...

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