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WHEELER & CLEVENGER OIL CO. v. WASHBURN

No. 2001-SC-0271-DG.

127 S.W.3d 609 (2004)

WHEELER & CLEVENGER OIL COMPANY, INC., Appellant v. Bruce L. WASHBURN, Appellee.

Supreme Court of Kentucky.

February 19, 2004.

Attorney(s) appearing for the Case

Janet Smith Holbrook, Huddleston, Bolen, Beatty, Porter & Copen, Ashland, Counsel for Appellant.

Bruce L. Washburn, Nashville, TN, Counsel for Appellee.

KELLER, Justice.

I. ISSUE

To secure credit with Appellant for his company, Appellee signed guaranty agreements contained on both the front and back of an "Application for Credit." When Appellant sought enforcement of Appellee's guaranties, Appellee claimed that his guaranties were invalid and unenforceable under KRS 371.065 because they did not specify a maximum amount of liability and a termination date. Did the failure to include those provisions in the...

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