Flynn v. Dugas

Adolph Dugas appeals from a finding that he is individually liable as guarantor for the debt of a corporation sued for unpaid fuel deliveries by Edward A. Flynn, Jr., d/b/a Flynn’s Truck Stop. The trial court based this finding on a guaranty contract form that Mr. Dugas signed in his corporate capacity after striking out the preprinted words “Personally and Individually” [sic]. The import of this form, and the circumstances of its signing, are the central issues in this appeal.

1. The sufficiency of the evidence.

Mr. Dugas contends, in essence, that the evidence, comprising the testimony of…