Jahncke Service, Inc. v. Fertel Corp.

I am unable to determine whether the majority’s judgment is founded upon guaranty, suretyship, contract to purchase, or some other contract imposing a primary obligation upon defendant Fertel to pay for materials purchased by another. Guaranty and suretyship may not be proved by parol evidence, and the written instrument relied upon fails to establish these obligations. No one can seriously argue that the record supports a finding of a contract of purchase between Jahncke and Fertel. Any other contractual relationship establishing a primary obligation would require the plaintiff to prove all…