Diaz v. Goodwin Bros. Leasing, Inc.

STEINFELD, Justice.

This is an appeal from a judgment rendered against appellants Doctor and Mrs. Mariano Diaz and Doctor and Mrs. Tomas Yanes, who were guarantors of the performance by Lucky Five, Inc. of the terms of a lease of restaurant equipment, which lease it entered into with appellee Goodwin Brothers Leasing, Inc. We affirm.

Appellants argue that because the guaranty was signed on a Sunday it is illegal and unenforceable. This defense was not affirmatively pleaded; it may not be relied on. CR 8.03; Crowder v. Stinson, Ky., 401 S.W.2d 761 (1966).

The leased equipment was sold at private…