Bomud Co. v. Yockey Oil Co.

The opinion of the court was delivered by

Fatzer, J.:

This was an action to recover money from Yockey Oil Company, Inc., upon its open account, and from R. Pi. Osborn upon a written contract entered into with plaintiff March 30,1951. Yockey Oil Company, Inc., contended that the statute of limitations barred recovery against it; Osborn contended that pursuant to his contract he was a guarantor for the principal debtor, Yockey Oil Company, Inc., and that since the action was barred as to the principal, it was therefore barred as to himself, as guarantor. The trial court sustained Osborn’s motion…