Cumberland Associates v. Market Assistants, Inc.

Webb, Judge.

This case centers around the liability of a guarantor on a lease agreement, the issues being whether there was a want of consideration for the guaranty and an equitable estoppel to deny its validity. Summary judgment was granted the defendant, but as we view the record there are indeed issues of material fact which should be resolved by a finder of fact. Consequently, we reverse.

"A summary judgment should not be rendered unless there is no genuine issue as to any material fact and unless the moving party is entitled to a judgment as a matter of law. Code Ann. § 81A-156. The burden…