Moffat County State Bank v. Told

NEY, Judge.

Plaintiff, Moffat County State Bank, instituted this action to recover $100,000 allegedly owed by defendants, Thomas N. Told and Mollie M. Told, under a written guaranty agreement. Defendants appeal from- the summary judgment entered in favor of the Bank. We reverse and remand.

Mollie Told and Orin Farnsworth were joint owners of a pharmacy which they sold to a third party in 1980. At the time of the sale and as part of the transaction, the Tolds and Farnsworth each executed guaranty agreemehts for payment of up to $100,000 of the pharmacy’s then existing indebtedness to the Bank.

In…