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MERCURY MARINE v. MONTY'S ENTERPRISES

No. 94-398.

892 P.2d 568 (1995)

MERCURY MARINE, a division of Brunswick Corp., Plaintiff and Appellant, v. MONTY'S ENTERPRISES, INC., also known as Monte White Enterprises, d/b/a Monty White Ford & Subaru and d/b/a Monty White sports and Monty R. White, individually, Defendants and Respondents.

Supreme Court of Montana.

Decided March 31, 1995.

Attorney(s) appearing for the Case

Lewis K. Smith, Smith Law Firm, Helena, for appellant.

Mark A. Vucurovich, Henningsen, Vucurovich & Richardson, Butte, for respondent.

LEAPHART, Justice.

Mercury Marine, plaintiff/appellant, filed suit against Monty R. White (White) based upon White's execution of a contract of guarantee in which White guaranteed payment of an open account in the name of Monty White Ford & Subaru (White Ford & Subaru). White filed a motion for summary judgment contending that the five-year statute of limitations on the open account with White Ford & Subaru had expired and, thus, White's contract of guarantee...

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