Kutilek v. Union National Bank of Wichita

The opinion of the court was delivered by

Fatzer, C. J.:

This is an appeal from a judgment rendered in an action brought under the Kansas Declaratory Judgment Statute (K. S. A. 60-1701 et seq.) to determine the sufficiency of an instrument designated “Guaranty of Payment,” to meet the requirements of the statute of frauds (K. S. A. 33-106). The chronology of events giving rise to this appeal follow:

Dr. Frank J. Kutilek, the appellee, and Richard Greene and Leroy J. Beery decided to form a corporation and go into the used car business. Neither Greene nor Beery are parties to this litigation,…