Marriott Intern., Inc. v. deCELLE

This case concerns whether a signatory to a guaranty contract is liable in his individual capacity. When the creditor sued to collect on the guaranty from the signatory in his individual capacity, the trial court granted the signatory's motion to dismiss. Because the contract as a whole is ambiguous as to whether the parties intended the signatory to be liable in his individual capacity, we reverse and remand.

I

From the record, the facts appear as follows: Sum Big Stores, Inc., was indebted to Marriott International, Inc. ("Marriott"). Marriott had Gregory deCelle, the president of Sum Big…