Bank of Montreal v. Kough

MEMORANDUM OF OPINION

RENFREW, District Judge.

This case involves a foreign corporation, plaintiff Bank of Montreal (“Bank”), and a California resident, defendant Jack Rough also known as John Keller Rough (“Rough”). Cross-motions for summary judgment are presently before the Court and there appearing no material facts in issue, the matter is ripe for determination.

The case arose out of a breach of contract of guarantee. Rough is on the Board of Directors of Arvee Cedar Mills, Ltd., located in British Columbia, Canada. The parties admit that on August 8,1973, the Bank entered into guarantee…