TH Davidson and Company v. Eidola Concrete
972 N.E.2d 823
Ill. App. Ct.2012Background
- Kilbride, as Eidola Concrete co-manager, signed a guaranty on Davidson's credit application for a line of credit.
- The application originally requested a $1,000 credit line and was later altered by Davidson’s CFO to $3,000, though Kilbride claims he did not consent to the increase.
- Kilbride testified he signed a personal guaranty for $1,000, not for the full amount claimed by Davidson.
- Davidson proved Eidola Concrete owed $5,600.80; the circuit court found the guaranty unambiguous and continuing, covering any amount owed.
- Trial records showed Eidola later paid $3,000 on the debt, but the court held Kilbride liable for the full continuing guaranty amount.
- On appeal, Kilbride and Eidola argued the guaranty limited liability to $1,000, but the court affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kilbride's guaranty is a continuing, unlimited guaranty. | Davidson: guaranty is continuing and covers any amount owed. | Kilbride: guaranty limited to $1,000. | Yes; the guaranty is continuing and unlimited. |
Key Cases Cited
- McLean County Bank v. Brokaw, 119 Ill. 2d 405 (1988) (contract interpretation governs guaranty scope; no explicit limit defeats liability)
- Scovill Manufacturing Co. v. Cassidy, 275 Ill. 462 (1916) (continuing guaranty implied by future course of dealing)
- Weger v. Robinson Nash Motor Co., 340 Ill. 81 (1930) (continuing guaranty doctrine supports liability beyond stated amount)
- Heeringa v. Ortlepp, 167 Ill. App. 586 (1912) (continuing guaranty confirmed despite express liability limits)
- Frost v. Standard Metal Co., 116 Ill. App. 642 (1904) (look to future dealing for continuing guaranty liability)
- Taussig v. Reid, 145 Ill. 488 (1893) (credit extension beyond stated amount does not discharge guarantor)
- Mamerow v. National Lead Co., 206 Ill. 626 (1903) (where guaranty is continuing and unlimited, duration and amount must be reasonable)
