PELICAN STATE WHOLESALE, INC. v. Mays

| tIn this suit to collect an outstanding balance on an account owned by Pelican State Wholesale, Inc. (“Pelican”), the trial court granted summary judgment in favor of Pelican, finding that the now deceased James D. Mays, Jr., signed a “new account” form which contained a clause reflecting a surety agreement to personally obligate himself for the debt. Defendants, Mr. Mays’ widow, Patricia McCain Mays, and children (collectively referred to herein as “Mrs. Mays”), appeal. Finding that genuine issues of material fact exist regarding the interpretation of the “new account form,” we reverse the…