Legal Opinion

Griswold v. Wells Aluminum, Moultrie, Inc.

Court of Appeals of Georgia

Decided September 9, 1980No. 60178PublishedCited by 4 opinions

1Opinion of the Court

Shulman, Judge.

On this appeal from the judgment of the trial court holding appellants liable on a contract of surety we are again faced with the rather nebulous and confusing distinction between suretyship and guaranty in Georgia. We affirm the judgment.

The pertinent facts are as follows: On April 13, 1977, defendants-appellants signed identical but separate agreements in which they guaranteed to Wells Aluminum Moultrie, Inc. (hereinafter “Wells”) payment of the obligations of Insul-Lite Industries, Inc. (hereinafter “Insul-Lite”) incurred for or in connection with goods or merchandise sold…

2Cases cited5 opinions

  1. McKibben v. Fourth National BankCourt of Appeals of Georgia · 1924
  2. Wolkin v. National Acceptance Co.Supreme Court of Georgia · 1966
  3. Fagelson v. Pfister Aluminum Corp.Court of Appeals of Georgia · 1964
  4. Williams v. Riley Drug Co.Court of Appeals of Georgia · 1925
  5. Building Material Supply Co. v. KreismanisCourt of Appeals of Georgia · 1979

3Cited by4 opinions

  1. Dennisson v. LAKEWAY PUBLISHERS, INC.Court of Appeals of Georgia · 1990
  2. Bobbitt v. Firestone Tire & Rubber CompanyCourt of Appeals of Georgia · 1981
  3. Christopher J. McLucas v. G.E. Capital Information Technology Solutions, Inc., Texas Court of Appeals, 4th District (San Antonio)2013
  4. Scales v. Alterman Foods, Inc.Court of Appeals of Georgia · 1981

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