RIES BIOLOGICALS, INC. V. BANK OF SANTA FE
780 F.2d 888 (1986)
NATURE OF THE CASE: This was a contract action. Appealed. Bank (D) sought review of a
decision, which entered a judgment for Ries (P), based upon the D's alleged oral guarantee
of payment for supplies delivered by P to a dialysis management corporation. The trial court
awarded P $20,276.69 plus interest.
FACTS: Ries Biologicals (P) began selling medical supplies to Dialysis Management
Systems, Inc. (DMS), which was having financial problems and accumulated a large debt to P.
Eventually, P refused to ship to DMS except for cash on delivery, but resumed shipping on
credit when the Bank of Santa Fe (D) orally agreed to guarantee payment. P was never fully
paid, and sued D to recover. At trial, the court admitted the statement of D's senior vice
president guaranteeing payment. On appeal, D argues that these statements were hearsay and
should not have been admitted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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