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CSE, INC. v. KIBBY WELDING, LLC

Record No. 1438-22-3.

887 S.E.2d 789 (2023)

77 Va. App. 795

CSE, INC., v. KIBBY WELDING, LLC and Tabitha Kibby.

Court of Appeals of Virginia, Lexington.

June 13, 2023.

Attorney(s) appearing for the Case

Monica T. Monday ( Glenn W. Pulley , Danville; Amanda M. Morgan , South Boston; Andrew O. Gay , Roanoke; Gentry Locke, on briefs), for appellant.

John B. Simpson (MartinWren, P.C., on brief), Charlottesville, for appellees.

Present: Judges Fulton, Friedman and Raphael.

The trial court here declined to enforce a personal guaranty signed by a construction company's agent—the 22-year-old daughter of the company's owner. The guaranty stated that it was given to the creditor "to induce the granting of credit" to the company. The trial court found consideration lacking, reasoning...

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