Everts v. Century Supply Corp.

Phipps, Judge.

Century Supply Corporation, d/b/a Century Rain Aid, filed a complaint against Clearwater Irrigation, Inc. and James Everts seeking recovery of the principal sum of $119,654.81. Century sued Clear-water on open account; Everts was sued as guarantor of Clearwater’s account debt. The basic question is whether Century is barred from enforcing Everts’ guaranty as a matter of waiver or estoppel. Answering this question in the negative, the trial court awarded summary judgment to Century. Everts appeals. Finding material issues of fact on Everts’ waiver and estoppel defenses, we…