Charles L. Ricker v. B-W Acceptance Corporation

PHILLIPS, Circuit Judge.

Ricker has appealed from a summary judgment against him, individually, in favor of B-W Acceptance Corporation, on a written contract of guaranty. In opposition to the motion for summary judgment, Ricker filed an affidavit in which he admitted that he signed the written guaranty, but averred that he signed it in his representative capacity as President of Modern Furniture Company, a New Mexico corporation, and did not execute it as an individual guarantor.

The written contract in part here material reads as follows:

“Modern Furn. Albuquerque N. M.

June 10, 1958

“Blanket…