Weaver v. Blake

FOSHEIM, Justice.

This is an appeal from the entry of summary judgment in favor of the defendant administrator (appellee) in this action in equity. We reverse and remand.

In 1973, Chester N. Weaver (appellant) and his wife, June Weaver, eo-signed a promissory note to help their son, Frank Weaver, obtain a loan from the Production Credit Association (PCA). PCA commenced proceedings against Frank Weaver and also against appellant and his wife to recover on the loan. As a result of this action, Chester and June Weaver faced potential personal liability.

On March 18, 1976, Chester Weaver executed a…