Kelso Oil vs. East West Truck Stop

Case Number
E2001-02090-COA-R3-CV
This main issue in this appeal involves an Unconditional Guaranty signed by Frank Webb ("Webb"), the president and owner of East West Truck Stop, Inc. In this document, Webb guaranteed the debt of the "buyer", which was identified as "Frank Webb d/b/a East West Truck Stop." The "buyer", however, was the corporate entity, East West Truck Stop, Inc. The Trial Court concluded the parties intended for the document to state the "buyer" was the corporate entity and entered judgment against Webb personally. Webb appeals, claiming the Trial Court improperly used parol evidence to supply an essential term of the Unconditional Guaranty (i.e. the identity of the "buyer") in violation of the Statute of Frauds. We affirm.
Authoring Judge
Judge David Michael Swiney
Originating Judge
Sharon J. Bell
Case Name
Kelso Oil vs. East West Truck Stop
Date Filed
Dissent or Concur
No
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