Janak v. Security Lumber Company, Inc.

PEDEN, Justice.

Security Lumber Company brought this suit against Rapid Builders, Inc., on a sworn account and against Evelyn D. Jan-ak, permanent guardian for Victor J. Jan-ak, N.C.M., on Mr. Janak’s written agreement guaranteeing payment of the account. Security Lumber took an interlocutory default judgment against Rapid Builders on the sworn account, then went to trial in this case against Evelyn D. Janak, as guardian, on the guaranty agreement. The trial court, sitting without a jury, found for the plaintiff against the guardian and merged the interlocutory default into the final judgment.…