American Nat. Bank of Denver v. Tonkin

Plaintiff brought this action against defendant, guarantor of a loan, based on a written guaranty agreement. Defendant guarantor alleged several affirmative defenses. Trial was had before a jury, but the trial court held that plaintiff was entitled to judgment as a matter of law.

Defendant’s first two assignments of error involve defendant’s affirmative defense that execution of the guaranty agreement was induced by misrepresentations on the part of plaintiff ("the bank”).

Plaintiffs complaint alleged:

"II

"On or about January 12,1973, plaintiff loaned to Baron Investments, Inc., the sum of…