Pink v. Busch

OPINION

This is an appeal from judgment following bench trial in which personal guarantors were found to have been released by the obligee from their guarantees. Having reviewed the record, we find that the lower court’s alternative legal theories of release, promissory estoppel and novation are without any factual support. The lower court’s ruling enforcing the appellants’ oral promise to release the guarantors is clearly erroneous. Accordingly, we reverse the judgment below and direct the lower court to enter judgment in appellants’ favor in accordance with this opinion.

Sam and Anne Pink…