Donald Goosic, a building contractor in Nebraska, did business as Homestead builders. To construct a house on

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Donald Goosic, a building contractor in Nebraska, did business as “Homestead” builders. To construct a house on “spec” (without a preconstruction buyer), Donald obtained materials from Sack Lumber Co. on an open account. When Donald “got behind in his payments,” his wife, Frances, cosigned a note payable to Sack for $43,000, the outstanding balance on the account. Donald made payments on the note until he obtained a discharge of his debts in a bankruptcy proceeding to which Frances was not a party. Less than a year later, Sack filed a suit in a Nebraska state court against Frances to collect on the note. She contended that she was an accommodation party, not a maker, and thus was not liable because the applicable statute of limitations had run. She testified that Donald “made more debt than . . . money” and that she was “paying the bills out of [her] income.” The Goosics’ most recent tax returns showed only losses relating to Homestead. Under the Uniform Commercial Code, a person receiving only an indirect benefit from a transaction can qualify as an accommodation party. How would you rule on this question of fact? Why?

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Business Law Text and Cases

ISBN: 978-0324655223

11th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Gaylord A. Jentz, F

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