Iola State Bank v. Biggs

The opinion of the court was delivered by

Lockett, J.:

This is'an action brought by the Iola State Bank (Bank) to enforce certain guaranty agreements executed by Dolores M. Bybee and others who are not parties to this appeal. The first two contracts, executed in 1974, guaranteed the obligations of Joe Biggs and Jan Biggs d/b/a Biggs Feed & Grain. A third contract, executed in 1975, guaranteed the obligations of Biggs Feed & Grain, Inc. (Corporation), corporate successor to the individual business.

The facts are undisputed. Parties filed cross-motions for summary judgment; after oral argument the…