Horizon Resources Bethany Ltd. v. Cutco Industries, Inc.

OPINION

GERBER, Judge.

Horizon Resources Bethany Ltd. (Horizon) filed suit against Cutco Industries, Inc. (Cut-co) for enforcement of a lease guaranty agreement. Horizon appeals from a summary judgment in favor of Cutco. The primary issue on appeal is this: does a guarantee of the performance of a lease for a specific term continue into a successive term when the guarantor consents to alter the lease to allow an extension or to exercise an option to renew provided in the original lease?

FACTS AND PROCEDURAL HISTORY

Cutco is the successor in interest to an entity named Cut & Curl, Inc. Cutco is a…