Clamage v. Dalen

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

The plaintiff, Audrey damage, signed • a Guaranty Agreement (the “Guaranty”) in which she agreed to guarantee two payments which her spouse owed to the defendant, Mark G. Dalen, as part of a stock purchase agreement. Seeking to avoid this obligation, Ms. damage filed suit to have the Guaranty declared unenforceable. In response, Mr. Dalen filed a counterclaim for anticipatory breach of the Guaranty. Presently before the Court are Ms. damage’s motion to dismiss the counterclaim and Mr. Dalen’s motion to dismiss Counts III and IV of the…