Transonic Corporation v. E. Edelmann & Company

386 F.2d 996, 1967 U.S. App. LEXIS 4155

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 15, 1967
• Docket: 24707_1
• Status: Published

Opinion

PER CURIAM:

The crucial question presented on this appeal is identical to that tried in the District Court, to wit: Did appellant Transonic Corporation, by and through E. N. Amos, its Vice President, execute a valid and enforceable guaranty in favor of appellee, Edelmann & Company, rendering appellant and Amos jointly and severally liable to appellee for goods sold in the sum of $12,661.85 advanced by ap-pellee on open account to one of appellant’s wholly-owned subsidiaries, Trans-co Southern?

After thoroughly scrutinizing the record as a whole, we agree that the findings of the District Court reported in Edel-mann & Company v. Transonic Corporation, 277 F.Supp. 105 (N.D.Ga.1967), are not clearly erroneous, F.R.Civ.P. 52 (a), and that the authorities cited therein were governing and correctly applied. In accordance with these views, we affirm the judgment rendered by the District Court on February 7, 1967, awarding judgment to Edelmann, in the above amount with interest thereon from November 7, 1963.

Affirmed.