FLYNN v. DUGAS


2004 Mass. App. Div. 79 (2004)

Edward A. Flynn, Jr., d/b/a Flynn's Truck Stop v. Adolph Dugas

Massachusetts Appellate Division, Western District.

May 24, 2004.


Attorney(s) appearing for the Case

Richard Ricker for the plaintiff.

Robert Hamer for the defendant.

Present: LoConto, P.J., Koenigs & Ripps, JJ.


Koenigs, J.

Adolph Dugas appeals from a finding that he is individually liable as guarantor for the debt of a corporation sued for unpaid fuel deliveries by Edward A. Flynn, Jr., d/b/a Flynn's Truck Stop. The trial court based this finding on a guaranty contract form that Mr. Dugas signed in his corporate capacity after striking out the preprinted words "Personally and Individually" [sic]. The import of this form, and the circumstances of its signing, are the central...

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