Modular Systems, Inc. v. Naisbitt

OPINION

JACOBSON, Presiding Judge.

This appeal is primarily concerned with the validity of a guaranty agreement signed by only one of two guarantors.

The action was initiated by two complaints filed by plaintiffs-appellees, Stan Naisbitt (Naisbitt) and Stewart J. Shoob (Shoob) against defendants-appellants Modular Systems, Inc., an Arizona corporation (Modular), Dale W. Sobek (Sobek) and Kenneth Carlson (Carlson). After consolidation of the two actions and the filing of an amended complaint, the relief sought was the balance due on a promissory note executed by Sobek and Carlson in the original…