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eBook details

• Title: Ardell Loken v. Lloyd C. Magrum and A.C.
• Author : Supreme Court of North Dakota
• Release Date : January 07, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Appellant builders supply Co., Inc. (builders), filed a complaint in the district court for Douglas County in which it alleged that appellee barbara J. Czerwinski owed it $1,448,607.04 plus prejudgment and postjudgment interest and costs under a guaranty agreement (Guarantee) executed by Czerwinski and her late husband, John C. Czerwinski, Jr. (Jack). the Guarantee secured sums owed to builders by benchmark Homes, Inc. (benchmark), under a separate credit agreement (agreement). Czerwinski denied certain of builders allegations. Czerwinskis answer effectively gave notice of two defenses. First, Czerwinski claimed that as a result of builders release of certain collateral securing the Guarantee, her liability under the Guarantee had been completely discharged. second, Czerwinski claimed that, if liable, her liability under the Guarantee was limited to $525,000. builders and Czerwinski filed cross-motions for summary judgment. Following an evidentiary hearing, the district court entered a judgment order in which it sustained Czerwinskis motion, overruled builders motion, and dismissed the case. builders appeals.

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