Legal Opinion

Simpson v. Heath & Co.

Kentucky Supreme Court

Decided April 13, 1979PublishedCited by 5 opinions

1Opinion of the Court

VANCE, Judge.

The principal question on appeal is whether the president of a corporation who signs an agreement as guarantor of a contract executed by him as president of the corporation is individually liable on the guaranty as a matter of law when his signature on the guaranty is followed by the letters, “Pres.”

Appellant, the president of Commercial Leasing Systems, Inc., d/b/a Dollar A Day Rent a Car, signed an agreement leasing an electric sign from appellee for 60 months at a rental of $168 per month. At the bottom of the one-page lease agreement is a guaranty which reads as follows:

The…

2Cases cited4 opinions

  1. Potter v. ChaneyCourt of Appeals of Kentucky (pre-1976) · 1956
  2. Puget Sound National Bank v. SelivanoffCourt of Appeals of Washington · 1973
  3. G. C. Riordan & Co. v. ThornsburyCourt of Appeals of Kentucky · 1917
  4. Kessel v. MurraySupreme Court of Iowa · 1924

3Cited by5 opinions

  1. Pannell v. ShannonKentucky Supreme Court · 2014
  2. Home Federal Savings & Loan Assn. v. RamosCalifornia Court of Appeal · 1991
  3. Raymond E. Fontaine Trust v. P & J Resources, Inc. (In re P & J Resources, Inc.)United States Bankruptcy Court, E.D. Kentucky · 2012
  4. LeMaster v. PowellDistrict Court, E.D. Kentucky · 2020
  5. The Wells Group, LLC v. Lonna BishopCourt of Appeals of Kentucky · 2022

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