Vista Rail, Inc. v. Branson Scenic Railway, Inc.

SPINDEN, Judge.

Vista Rail, Inc., leased a railcar to Branson Scenic Railway, Inc., which operated a passenger excursion railroad. In 1994 the two firms became enmeshed in an argument over how much Branson Scenic Railway (BSR) owed Vista Rail for use of the railcar. On August 30, 1994, the firms agreed that BSR would pay $43,000, and BSR gave Vista Rail a promissory note for that amount. Saul Kass, BSR’s treasurer, guaranteed the note. Vista Rail sued BSR in January 1995 contending that BSR was in default on the note and owed $38,000 plus interest. On December 15, 1995, the circuit court…