EXXON CHEM. AMERICAS, DIV. OF EXXON v. Kennedy

WHICHARD, Judge.

Defendant first contends summary judgment was improper because his answer denied plaintiff’s allegation that property was sold to Plastifax in reliance on the guaranty, thus presenting an issue of fact as to “whether . . . the sale and delivery of the merchandise would have occurred without the execution of the guarantee.” The guaranty agreement provided:

[Defendant] guarantee^] to [plaintiff] the prompt payment in full when due and payable of any and all sums of money now due and which may hereafter become due to [plaintiff] for merchandise . . . sold ... by [plaintiff] to…