Bowyer v. Clark Equipment Co.

Defendant-appellant Larry Bowyer appeals from a trial court judgment awarding the plaintiffs the sum of $41,522.20 on an action for indebtedness. Bowyer presents the following issues for review:(1) Whether defendant, as a guarantor, was discharged from his guaranty obligation, as a result of plaintiffs’ failure to give timely notice of the principal’s default?(2) Whether the trial court’s judgment was contrary to the law and the evidence ?

The record reveals that Emry Equipment Company, Inc., (Emry) a co-defendant at trial, was in the business of selling and leasing various machinery…