Cooper
Central Building, LLC v. Cooper
Opinion
Opinion
Marchiano, J.
This case teaches the maxim of life and law from the Roman philosopher Publius Syrus: “Never promise more than you can perform.” Don D. Cooper and Robert H. Cooper appeal from a judgment in an action for breach of contract involving their personal guaranties of payment on a commercial lease. We conclude that the guaranty agreements were continuing guaranties of performance under the lease that applied to the lease amendments. We will affirm the judgment.
BACKGROUND
Cooper and Cook Insurance Services, Inc. (C&C), a corporation, leased premises from Pleasanton Plaza Associates, L.P. (PPA), the predecessor in interest of Central Building, LLC. C&C was frequently late in making the rent payments.
In September of 1995, C&C and PPA negotiated a lease termination agreement, a new lease for smaller premises at the same rental rate per square foot, and personal guaranty agreements by the individual principal shareholders of C&C. The lease termination agreement also provided for termination of existing personal guaranty agreements.
At the time of signing the new lease, the principals of C&C executed new personal guaranty agreements. The new lease and the lease termination…