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ELKAY MANUFACTURING COMPANY v. CHASCO SUPPLY COMPANY (09/21/71)

decided: September 21, 1971.

ELKAY MANUFACTURING COMPANY, APPELLANT,
v.
CHASCO SUPPLY COMPANY, INC. ET AL.



Appeal from judgment of Court of Common Pleas, Civil Division, of Allegheny County, Jan. T., 1970, No. 293, in case of Elkay Manufacturing Company v. Chasco Supply Company, Inc., and Sol Chase and Maxine Chase.

COUNSEL

Richard F. Pohl, with him Cauley, Birsic & Conflenti, for appellant.

Arnold M. Friedman, for appellees.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding and Cercone, JJ. Opinion by Watkins, J.

Author: Watkins

[ 219 Pa. Super. Page 531]

This is an appeal from the entry of judgment on the pleadings by the Court of Common Pleas, Civil Division, of Allegheny County, in favor of Sol Chase, an individual and Maxine Chase, an individual, the appellees, and against Elkay Manufacturing Company, a corporation, the appellant. Judgment was entered in favor of the appellee and against the corporate defendant.

The facts in this case are as follows. On December 23, 1968, appellees executed a document entitled "Personal Guaranty" which they signed "Sol Chase, Pres. & Treas.," and "Maxine Chase, Vice Pres. & Sec'y." The instrument reads as follows:

"Personal Guaranty

"Please sell and deliver to Chasco Supply Co., Inc., 7702 Edgewood Avenue of Pittsburgh, Pennsylvania (referred to as 'Purchaser') on your usual credit terms: such goods, wares, and merchandise as it may from time to time select, and in consideration thereof we, the undersigned guarantors, hereby guarantee for payment when due, whether at maturity or upon demand or

[ 219 Pa. Super. Page 532]

    otherwise, any and all indebtedness of Purchaser to Elkay Manufacturing Company including but not limited to the purchase price of all goods, wares, and merchandise so sold and delivered whether evidenced by open account, acceptance, note, or otherwise.

"Each of the undersigned hereby waives any notice including but not limited to notice of acceptance hereof, notice of extensions of credit made hereunder, notice of amounts of sales, dates of shipment or delivery, and notice of default of payment. The validity of this guaranty shall not be affected by any compromise or adjustment of accounts guaranteed hereunder which you, in your sole discretion, might make, or by the granting of any extension or other indulgence, or by bankruptcy, dissolution, reorganization, or other change in corporate structure or corporate officers of Purchaser.

"This guaranty is unconditional and absolute, and the undersigned guarantors will pay to you, upon demand, amounts due and unpaid by the Purchaser, without the necessity of your utilizing or exhausting ...


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