Data Sales Co. v. Diamond Z Manufacturing

OPINION

IRVINE, Judge.

¶ 1 Diamond Z Manufacturing appeals from the trial court’s order denying its request to set aside the judgment finding Diamond Z liable under a guaranty agreement. We find that surety defenses can be expressly or implicitly waived within the guaranty contract. Therefore, we affirm the judgment.

FACTS AND PROCEDURAL HISTORY

¶ 2 Diamond Z is an Idaho corporation that manufactures recycling equipment known as tub grinders. Tub grinders are large industrial machines designed to grind solid materials such as tires, stumps, logs, and railroad ties, into small pieces one inch or…