Cinco Enterprises, Inc. v. Benso

¶ 1 KAUGER, J.:

¶ 2 The issues 1 presented are: 1) whether the cause is governed by the law of the case in Cinco Enterprises, Inc. v. Benso, 1994 OK 135, 890 P.2d 866 [Cinco I] holding that federal law did not bar the defense of failure of consideration to the guaranty contract; and 2) whether sufficient evidence of consideration was presented to support an award for antecedent debts under the guaranty agreement. We hold that: 1) under the facts presented, no inequity results in the application of the settled law of Cinco I determining that federal law was not a bar to the defense of failure…