Wolfe v. Schuster

GUITTARD, Chief Justice.

In this declaratory judgment action, we •must determine whether a justiciable controversy exists. If it does, we must construe the provisions of a promissory note allowing certain offsets against the note. This provision is alleged to be equivalent to a guaranty of the collection of sums payable to the maker from a third party as lessee under a commercial lease. The trial court dismissed the suit for lack of a justiciable controversy. We find that a justicia-ble controversy exists, and we agree that the provision in question is equivalent to a guaranty of collection,'…