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CARROLL'S WAREHOUSE v. RAINBOW PAINT

No. 17344.

824 S.W.2d 147 (1992)

CARROLL'S WAREHOUSE PAINT STORES, INC., Plaintiff-Respondent, v. RAINBOW PAINT AND COATINGS, INC., and Larry Ellison and Merrilyn Ellison, Husband and Wife, and Carl Jensen and Virginia L. Jensen, Husband and Wife, and Murray Jensen and Karen Jensen, Husband and Wife, Defendants-Appellants, and Rainbow Coatings Corp., and Rainbow Labels Corp., Intervenors-Appellants.

Missouri Court of Appeals, Southern District. Division Two.

February 4, 1992.

Attorney(s) appearing for the Case

Benjamin J. Francka, Law Offices of Benjamin J. Francka, Springfield, for plaintiff-respondent.

John R. Lewis, Law Offices of John R. Lewis, P.C., Springfield, for Carl Jensen and Virginia L. Jensen, Murray Jensen and Karen Jensen, Rainbow Coatings Corp. and Rainbow Labels Corp.

No appearance, for Rainbow Paint and Coatings, Inc., Larry Ellison and Merrilyn Ellison.

MAUS, Judge.

Carroll's Warehouse Paint Stores, Inc. (Carroll's), in connection with the sale of a paint business, leased a building to Rainbow Paint Company, Inc. (Rainbow). Defendants Larry and Merrilyn Ellison, Carl and Virginia L. Jensen, Murray and Karen Jensen, guaranteed the payment of designated amounts of the rent due under the lease. Intervenors Rainbow Coatings Corp. (Rainbow Coatings) and Rainbow Labels Corp. (Rainbow Labels),1

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