Chittenden & Eastman Co. v. Leasure

BURNETT, Judge.

The issues posed here are whether a guaranty agreement is ambiguous and, if so, whether the district court has properly ascertained the parties’ underlying intent. To both questions, our answer is “yes.”

The issues are framed by undisputed facts. Chittenden & Eastman Co., an Indiana furniture manufacturer, sold its products to a furniture retail outlet owned by Thomas Leasure in Sheridan, Wyoming. When the store encountered financial difficulties and fell behind in its payments, the manufacturer refused to send the store any more merchandise on credit. In an effort to obtain…