YARBRO V. NEIL B. McGINNIS EQUIPMENT CO.
420 P.2d 163 (Ariz. 1966)
NATURE OF THE CASE: This was an appeal from a damages award for a suretyship agreement.
McGinnis (P), seller, brought suit against Yarbro (D), and Russell (D1), buyer, to recover
payments due it pursuant to a conditional sales contract for the sale of a tractor. D
appealed from a judgment, which found that he was liable for the entire balance under D's
conditional sales contract.
FACTS: Russell (D1) bought a used tractor from McGinnis Equipment Co. (P). D1 failed to
make the first installment payment on the tractor. D1 met with D who agreed to help with the
payments. Some of D's checks were returned for insufficient funds. P threatened to repossess
the tractor and D orally promised to pay off the delinquent installments. D in fact never
did pay the installments as promised. P finally repossessed the tractor. P sued D and D1. P
won a default against D1. D was found liable for the entire amount owed. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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