Porter Brothers, Inc. v. Smith

Ness, Judge:

This is an action by respondent Porter Brothers, Inc. to recover for goods sold appellant-Marion Smith d/b/a Smith Lawn and Garden. The trial judge directed a verdict for respondent holding Smith liable for the debt under the guaranty clause of their dealership agreement. We affirm.

The dealership agreement, entered and signed by Smith in 1978 states:(1) We and each of us do hereby jointly and severally guarantee payment of any debt now due or that becomes due to Porter Brothers, Inc., which arose or may arise out of the operation of such dealership, and/or the purchase of…