Phillips & Sons Logging, Inc. v. Pioneer Machinery, Inc.

Andrews, Chief Judge.

Pioneer Machinery, Inc. sold logging machinery to Phillips & Sons Logging, Inc. The sale contract provided for a $15,000 downpayment plus $125,904 to be paid in 48 monthly installments. Averett Phillips, Glen Phillips and Greg Phillips each personally guaranteed payment of the sums due under the contract. Pioneer sued Phillips & Sons and all three of the personal guarantors for the $15,000 down-payment, claiming it was never paid. The trial court granted Pioneer’s motion for summary judgment and denied the motion for summary judgment brought by Phillips & Sons and the…