The pursuers sought a decree for payment against the first and second named defenders in the action. The second named defender is the appellant. The claim rested on a guarantee, signed by both of the defenders, under which they guaranteed to pay to the pursuers any outstanding amount due, under a lease purchase agreement entered into by the pursuers and Mailstream Packaging Limited, in the event that the latter company was unable to pay. The pursuers averred in the action that they had called upon Mailstream Packaging Limited to make payment, but that the company was no longer trading.
Judges:
Lord Osborne, Lord Nimmo Smith, Lady Dorrian
Citations:
[2009] ScotCS CSIH – 41
Links:
Jurisdiction:
Scotland
Contract, Insolvency
Updated: 26 July 2022; Ref: scu.346596