Sipes

Champion Home Builders Co. v. Sipes

Good Law
1990 Cal. App. LEXIS 400·219 Cal. App. 3d 1415·269 Cal. Rptr. 75
Court of Appeal of CaliforniaMarch 29, 1990C004213California3,619 words

Opinion

Opinion

Carr, J.

The primary issue in this appeal concerns the assignability of certain personal guaranties executed by Phil S. Sipes and Carol Sipes, defendants and appellants herein.

Defendants operated several recreational vehicle dealerships which they stocked with units manufactured by plaintiff. Defendants failed to forward sales proceeds to pay for the inventory as agreed. Plaintiff then obtained judgment against defendants for breach of contract and conversion. Defendants appeal, asserting the personal guaranties upon which the breach of contract action was brought were not assigned to plaintiff; no basis for a conversion cause of action existed or was proven, and the court erroneously refused to admit evidence of the judgment.

Factual and Procedural Background

Champion Home Builders Co. (Champion), filed suit against Lodi R.V. Center, Inc., doing business as the RV People and Sacramento R.V. Center, and Phil Sipes and Carol Sipes, president and secretary respectively of Lodi R.V. Center, Inc. The action sought $381,302.35 plus interest due in the -sale of 10 motor homes sold by Champion to Lodi R.V. Center, Inc. These motor homes were subject to security agreements but were…

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