Contract – Guaranty – Landlord/Tenant – Commercial Lease – Assignment – Default – Bankruptcy

Contract – Guaranty – Landlord/Tenant – Commercial Lease – Assignment – Default – Bankruptcy (access required)

Epes v. B.E. Waterhouse, LLC Where both the lease assignment and plaintiff’s guaranty reflect that the assignment would not release plaintiff from liability as guarantor, the trial court correctly granted summary judgment to the defendant-landlords on plaintiff’s request for a declaratory judgment that plaintiff “has no ongoing duties, obligations, or liability of any type to defendants under any agreement or under applicable law.”

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