Sinclair Marketing, Inc. v. Siepert

BAKES, Justice.

Appellant Sinclair sued to recover on defendants’ personal guaranties given to secure payment on an open account to Little America Refining Company, which was allegedly assigned to Sinclair. The district court granted summary judgment to the individual defendants. We reverse and remand, holding that material issues of fact remain which preclude summary judgment.

Siepert’s Distributing, Inc., is a closely held corporation whose principals 1 are Larry and Fay Siepert, husband and wife. On July 1, 1978, Siepert’s Distributing began buying petroleum products from Little America…