Eaton Financial Corp. v. Dewar

This is an action in contract in which the plaintiff seeks to recover damages under the terms of an instrument of guaranty executed by the defendant.

The defendant, Martha Dewar, denied the execution and delivery of the instrument, which purported to guarantee the performance of two (2) written equipment leases. As additional defenses, the defendant further pleaded lack of consideration and the failure of the plaintiff to exercise such due diligence as was required of it for purposes of mitigating the defendant’s damages.

The matter was submitted to the court upon the following handwritten…