Yarbrough v. Magbee Bros. Lumber & Supply Co.

McMurray, Presiding Judge.

Plaintiff Magbee Bros. Lumber & Supply Company, Inc., brought suit against H. Cole Yarbrough and Gregory E. Stuhler. The complaint alleged that North River Builders, Inc. (“North River”) executed and delivered a nonnegotiable promissory note payable to plaintiff in the principal amount of $62,500; that North River defaulted under the terms of the note; that the note was accelerated pursuant to its terms; and that North River failed to pay the balance due and owing under the note. It was also alleged that defendants executed a guaranty whereby each defendant…