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MODULAR SYSTEMS, INC. v. NAISBITT

No. 1 CA-CIV 3042.

114 Ariz. 582 (1977)

562 P.2d 1080

MODULAR SYSTEMS, INC., an Arizona Corporation, Dale W. Sobek and Jane Doe Sobek, husband and wife, Kenneth Carlson and Jane Doe Carlson, husband and wife, Appellants and Cross-Appellees, v. Stan NAISBITT, Appellee and Cross-Appellant, and Stuart J. Shoob, Appellee.

Court of Appeals of Arizona, Division 1, Department C.

Rehearing Denied March 10, 1977.

Review Denied April 5, 1977.

Attorney(s) appearing for the Case

Maxwell P. Keith, Philip S. Keith, San Francisco, Cal., Langerman, Begam, Lewis, Leonard & Marks, P.A. by Barry C. Schneider, Phoenix, for appellants and cross-appellees.

Norling, Rolle, King & Oeser by Richard E. Norling, Kenneth Skiff, Steven H. Williams, Phoenix, for appellees and cross-appellant.

OPINION

JACOBSON, Presiding Judge.

This appeal is primarily concerned with the validity of a guaranty agreement signed by only one of two guarantors.

The action was initiated by two complaints filed by plaintiffs-appellees, Stan Naisbitt (Naisbitt) and Stewart J. Shoob (Shoob) against defendants-appellants Modular Systems, Inc., an Arizona corporation (Modular), Dale W. Sobek (Sobek) and Kenneth Carlson (Carlson). After consolidation of the two actions...

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