Ashland Oil, Inc. v. Warmann

CRANE, Presiding Judge.

Plaintiff, Ashland Oil, Inc., filed a petition against defendants, Floyd C. Warmann and Gene A. Warmann, to enforce a guaranty. The circuit court granted plaintiff’s motion for summary judgment and entered judgment in favor of plaintiff in the amount of $537,557.73 plus interest, costs and attorney’s fees. Defendants appeal. They assert that the trial court erred in entering summary judgment because a genuine issue of material fact existed on their affirmative defense that the written guaranty lacked consideration.

On November 14,1990, defendants individually executed a…