Borg Warner Acceptance Corp. v. Shakopee Sports Center, Inc.

I respectfully dissent. However desirable it might be to achieve a result favorable to the Dobsons, neither the facts nor the law warrant such a result. This is an action at law; not a suit in equity. There is no alleged fraud, misrepresentation, or other inequitable conduct. The case, simply stated, is one to enforce an absolute, unconditional, continuing guaranty which remained extant at the time of the loss.

The majority recognizes that to rescind, the Dobsons could at any time notify Borg Warner in writing that they would no longer guaranty any future debt of Shakopee Sports. The majority…