United States v. Bob Chrislaw, Inc., Rockwood & Co., Third-Party v. Ethel Chrislaw, Fourth-Party

KNOCH, Circuit Judge.

Appellant, Roekwood & Co., third party defendant, brought action against fourth party defendant-appellee, Ethel Chrislaw, to collect on her written guaranty for another’s debts. By stipulation of the parties, the matter was submitted to the District Court solely on the issue of whether or not appellee was entitled to summary judgment on the ground that the guaranty was unenforceable for lack of consideration. The District Court did hold the guaranty to be unenforceable on its face. Judgment was entered dismissing appellant’s complaint, and this appeal followed.

On August…