Hendrix v. Scarborough

Hall, Presiding Judge.

Mr. and Mrs. Hendrix, appellants, appeal from three orders entered by the trial court in a suit on a note and guaranty brought by one Scarborough against ap pellants, in which appellants raised constructive fraud as a fourth defense and also filed a third party complaint on the basis of constructive fraud against Mr. and Mrs. Rutland.

The pleadings show that appellants and the Rutlands were all the directors and shareholders of Marcona, Inc., and that Scarborough undertook to loan the corporation money on its note together with certain personal guaranties. Appellants…