Legal Opinion

Brunswick Corp. v. Hays

California Court of Appeal

Decided March 19, 1971No. Civ. 37209PublishedCited by 19 opinions

1Opinion of the Court

Opinion

COMPTON, J.

Defendant Hays appeals from a judgment rendered against him and in favor of plaintiff Brunswick Corporation on a contract of guaranty.

The amount of the judgment which is $90,056 represents the difference between the amount obtained as a result of a resale of bowling equipment after repossession under a conditional sales contract and the amount due and owing on the note secured by said conditional sales contract. Defendant was an individual guarantor of the note.

The single issue on appeal is the interpretation and effect of a limitation clause in the contract of guaranty.…

2Cases cited5 opinions

  1. Wiener v. Van WinkleCalifornia Court of Appeal · 1969
  2. Berg Metals Corp. v. WilsonCalifornia Court of Appeal · 1959
  3. Consolidated Naval Stores Co. v. WilsonSupreme Court of Florida · 1921
  4. Ohio Electric Car Co. v. Le SageCalifornia Supreme Court · 1926
  5. Eisendrath v. Bank of AmericaCalifornia Court of Appeal · 1953

3Cited by19 opinions

  1. United States Ex Rel. Small Business Administration v. MorrisDistrict Court, E.D. Pennsylvania · 1981
  2. Rutan v. Summit Sports, Inc.California Court of Appeal · 1985
  3. Cathay Bank v. LeeCalifornia Court of Appeal · 1993
  4. United States v. H & S Realty Co., Etc.Court of Appeals for the First Circuit · 1987
  5. Fort Bragg Unified School District v. Colonial American Casualty & Surety Co.California Court of Appeal · 2011

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