Legal Opinion

Baynorth Realty Fund VI, L.P. v. Shoaf

Massachusetts Superior Court

Decided October 19, 2010No. 094303BLS2Published

1Opinion of the Court

Fabricant, Judith, J.

INTRODUCTION

This is a suit on a loan guaranty. Before the Court is the plaintiff lender’s motion for partial summary judgment as to count I of its complaint, which seeks to enforce the defendant’s guaranty of the borrower’s payment obligations. For the reasons that will be explained, the motion will be allowed.

BACKGROUND

The record establishes the following facts as undisputed for purposes of this motion.1 In March of 2006, the defendants, William Shoaf and David Wickline, along with certain others, initiated a real estate development project in Park City, Utah, known as…

2Cases cited15 opinions

  1. Kourouvacilis v. General Motors Corp.Massachusetts Supreme Judicial Court · 1991
  2. Carey v. New England Organ BankMassachusetts Supreme Judicial Court · 2006
  3. Ng Bros. Construction, Inc. v. CranneyMassachusetts Supreme Judicial Court · 2002
  4. Cambridgeport Savings Bank v. BoersnerMassachusetts Supreme Judicial Court · 1992
  5. A-Z Servicenter, Inc. v. SegallMassachusetts Supreme Judicial Court · 1956

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