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ESTATE OF BAXTER v. SHAW ASSOCIATES, INC.

No. 1999-CA-02126-COA.

797 So.2d 396 (2001)

ESTATE OF Edward Lee BAXTER, Deceased, Appellant v. SHAW ASSOCIATES, INC., Appellee. Shaw Associates, Inc., Cross/Appellant v. Estate of Edward Lee Baxter, Deceased, Cross/Appellee.

Court of Appeals of Mississippi.

October 9, 2001.

Attorney(s) appearing for the Case

John M. Deakle, William R. Couch, Hattiesburg, for Appellant.

Lawrence Cary Gunn Jr., L. Clark Hicks Jr ., John Michael Herke, Hattiesburg, for Appellee.

Before SOUTHWICK, P.J., THOMAS, and IRVING, JJ.

SOUTHWICK, P.J., for the Court:

¶ 1. Shaw Associates, Inc. was awarded $44,500 by a circuit court jury for a breach of a personal guarantee of unpaid royalties on a restaurant franchise that had been executed by Edward Lee Baxter. On appeal, Baxter's estate argues various reasons for the unenforceability of the guarantee. Error is also claimed when the trial court allowed expert testimony by an attorney and awarded prejudgment interest and attorneys fees. Shaw...

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