Misused Name in Guaranty Didn't Relieve Guarantors' Responsibility

Misused Name in Guaranty Didn't Relieve Guarantors' Responsibility



Facts: A shopping center owner signed a lease guaranteed by the tenant’s business partners. The tenant stopped paying rent. The guarantors refused to pay. They argued that because the “landlord” was listed as a different business entity in the lease than in the guaranty, they weren’t responsible for the lease obligations. The owner sued the tenant and the guarantors. A court ruled in favor of the owner as to its claims against the tenant—ordering it to pay back rent—but not the guarantors. The owner appealed.

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