J. W. Scarboro, Jr., and Mrs. Nan C. Scarboro v. Universal C. I. T. Credit Corporation

WISDOM, Circuit Judge:

The defendants in this case appeal from a summary judgment against them in an action on a contract of “guaranty.” Only two questions are raised: (1) Does the contract of “guaranty” fail as a void contract of suretyship under the Georgia Married Woman’s Act? (2) Does the evidence raise a genuine fact issue of novation or release by the executors of a subsequent guaranty? We answer no to both these questions and affirm the judgment.

I

In January 1961 Mr. and Mrs. J. W. Scarboro, Jr., the defendants, owned one half the capital stock of Dublin Motors, Inc., the Buick…