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CHEWNING v. PALMER

No. 15834.

133 Ariz. 136 (1982)

650 P.2d 438

Wallace D. CHEWNING, Plaintiff-Appellee-Cross Appellant, v. E. Payne PALMER, III, Defendant-Appellant-Cross Appellee.

Supreme Court of Arizona, In Division.

June 28, 1982.

Attorney(s) appearing for the Case

Ryley, Carlock & Ralston by Stephen R. Kaufmann, A. Daniel Sheffield, Jr., Phoenix, for plaintiff-appellee-cross appellant.

Jennings, Strouss & Salmon by Riney B. Salmon II, Neil Vincent Wake, Phoenix, for defendant-appellant-cross appellee.

CAMERON, Justice.

This is an appeal from the granting of a motion for summary judgment in favor of plaintiff Wallace D. Chewning against E. Payne Palmer III, the alleged guarantor of a $10,000 corporate debenture. We have jurisdiction pursuant to Rule 19(e), Arizona Rules of Civil Appellate Procedure, 17A A.R.S.

We need answer only one question on appeal and that is: Was there a genuine issue of material fact whether Chewning forbore suit in reliance upon...

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