Niederer

Defendant, Frank E. Ferreira, appeals from an order specifying issues without substantial controversy entered against him and in favor of plaintiff, Monica Niederer, individually and as custodian for her four children.

Plaintiff filed an action for damages for breach of a written guaranty against B. A. Paine, Barbara Paine and Frank E. Ferreira. The first amended complaint alleged: Plaintiff and her four children were the sole shareholders of a corporation known as Barnard Instruments, Inc. In 1974, plaintiff, acting on behalf of the corporation, offered all of its assets for sale. Defendant B. A. Paine, not a party to this appeal, made an offer to purchase such assets, offering as consideration a down payment in cash together with a promissory note for the balance of the purchase price to be secured by the personal guaranty of defendant Frank E. Ferreira. Paine submitted a copy of Ferreira’s financial statement with the written offer. The offer was accepted and a bill of sale was executed and delivered by the seller to Mr. Paine’s corporation, Paine Instruments, Inc., along with seller’s physical assets which were the subject of the sale. Paine Instruments, Inc.…