Dobbins v. Dicus Oil Co., Inc.

The defendants appeal from a summary judgment in favor of the plaintiff in a suit based on guaranty agreements. The only issue on appeal is whether there was a genuine issue of material fact as to whether the plaintiff misrepresented facts to the defendants when they executed the guaranty agreements.

The facts are simple. On May 31, 1983, Roy Dobbins and Sammy Dobbins (defendants/appellants) executed personal guaranty agreements in favor of Dicus Oil Company, Inc. (plaintiff/appellee), in which appellants agreed to be personally liable for all debts owed by Jackson County Mining Corporation to…