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Contract – Guaranty – Lack of Consideration – Future Language – Corporate – Affiliated Companies (access required)

Procar II, Inc. v. Dennis Even though plaintiff continued to extend credit to Southeastern Material, Inc. after defendants agreed to personally guarantee Southeastern’s $611,500 debt, since the guaranty makes no mention of any future obligations - it refers only to the debt “due to and owing” - the guaranty did not apply to future extensions of credit. The guaranty was not supported by adequate consideration and is therefore unenforceable between the parties.

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