Legal Opinion

Investment Service Co., a Corporation v. James H. Roper and Donald E. Westfall

Court of Appeals for the Ninth Circuit

Decided December 29, 1978No. 76-2706PublishedCited by 4 opinions

1Opinion of the Court

GOODWIN, Circuit Judge:

The sole issue in this case is whether the officers and principal stockholders of a corporation who signed a guaranty for a corporate debt are liable on that guaranty.

The defendants, Roper and Westfall, controlled an Idaho corporation, TDM. TDM negotiated a distributorship agreement with SMC, an Oregon corporation that manufactured snowmobile carriers. A proposed contract was drafted by SMC and sent to Roper and Westfall, who signed the document, both as individuals and as representatives of TDM. The document recited that Roper and Westfall intended to be personally…

2Cases cited5 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Shiah M. Arsham v. Walter BanciCourt of Appeals for the Sixth Circuit · 1975
  3. Rizal Commercial Banking Corporation, a Philippine Corporation v. Ned PutnamCourt of Appeals for the Ninth Circuit · 1970
  4. Progress Quarries, Inc. v. LewisOregon Supreme Court · 1978
  5. Meader v. Orbit Inn CorporationOregon Supreme Court · 1976

3Cited by4 opinions

  1. Songbird Jet Ltd., Inc. v. Amax Inc.District Court, S.D. New York · 1984
  2. Rajspic v. Nationwide Mutual InsuranceIdaho Supreme Court · 1983
  3. Hoff Companies, Inc. v. DannerIdaho Court of Appeals · 1991
  4. Atlantic Orient Corp. v. AOC Energy LLC (In Re Atlantic Orient Corp.)United States Bankruptcy Court, D. New Hampshire · 2003

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