Herling v. Wyo. Machinery Co.
Annotate this CaseJerry Herling Construction, Inc. (JHCI) contracted with Plaintiff for rental and service of earthmoving equipment but defaulted on the payments due under the contract. Plaintiff sued Jerry Herling, JHCI's CEO, seeking to enforce personal guaranties of JHCI's performance. Herling, in turn, argued that he was released from his guaranties because of an assignment of JHCI's retainage account and a settlement between other parties. The trial court granted summary judgment to Plaintiff, concluding that Plaintiff was entitled to judgment against Herling on his guaranties as a matter of law, and entered judgment against Herling in the amount of $1,383,473 based on his guaranties. The Supreme Court reversed, holding that there were genuine issues of material fact as to whether Herling was entitled to credit for the $500,000 settlement. Remanded.
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