Graybar Electric Co. v. Opp

Marshall, Judge.

The issue presented by this appeal is whether a creditor who obtains a default judgment against his debtor on open account must prove damages under CPA § 55 (a) when he simultaneously obtains a default judgment against the debtor’s guarantor.

Graybar, the creditor, sold Opp Electric Company, the debtor, various electrical supplies and equipment on open account. Orville and Jo Ann Opp, the guarantors, signed a "General Continuing Guaranty” wherein they guaranteed to Graybar the "prompt payment in full when due of all present and future indebtedness on account” of Opp Electric…