Mercury Marine v. Monty's Enterprises, Inc.

Mercury Marine, plaintiff/appellant, filed suit against Monty R. White (White) based upon White’s execution of a contract of guarantee in which White guaranteed payment of an open account in the name of Monty White Ford & Subaru (White Ford & Subaru). White filed a motion for summary judgment contending that the five-year statute of limitations on the open account with White Ford & Subaru had expired and, thus, White’s contract of guarantee was exonerated under § 28-11-211, MCA. The District Court granted White’s motion for summary judgment. Mercury Marine appeals from the granting of summary…