TranSouth Financial Corp. v. Cochran

ORDER WITHDRAWING AND SUBSTITUTING OPINION

After reviewing the Petition for Rehearing in this case, it is hereby ordered that the opinion heretofore filed be withdrawn and the attached opinion be substituted. The Petition for Rehearing is denied.

HEARN, Judge:

This is an action on a guaranty agreement given by Ralph S. Cochran to TranSouth Financial Corporation. TranSouth appeals the trial judge’s grant of a directed verdict in favor of Cochran. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

On March 18, 1981, Bud’s Auto Sales, Inc. entered into a contract in which it assigned and transferred…