(DOWNLOAD) "Wilson Court Limited Partnership V. Tony Maroni''s Inc." by Washington Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Wilson Court Limited Partnership V. Tony Maroni''s Inc.
- Author : Washington Supreme Court
- Release Date : January 12, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
We must determine in this case if a guaranty of a commercial lease signed by the president of a corporate tenant was enforceable against the president personally, although he signed the guaranty in a representative capacity. We hold a signature on a guaranty with additional words that are descriptio personae generally binds the individual who signed the agreement unless the signature creates an ambiguity as to who is bound. The courts must then construe the guaranty. In the present case, the president's signature creates an ambiguity but we hold he was personally liable because if we were to adopt his interpretation of the guaranty, the corporate tenant would have to be the guarantor of its own lease. Such an interpretation is commercially unreasonable because, as a matter of law, a party cannot be the guarantor of its own contract. We affirm the summary judgment in favor of the landlord on the guaranty.
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