Sanborn

I. INTRODUCTION

In 2021, plaintiff Elizabeth Sanborn filed a civil action against defendant William Kennedy for breach of a written guaranty. Defendant had personally guaranteed the payment of an earlier 2007 judgment that plaintiff had obtained against defendant’s home building business, Weeks Street LLC (the LLC). The written guaranty by defendant provided that it “may not be enforced by [plaintiff] or anyone else until – unless an amount is owing to [plaintiff] on [the 2007] judgment that hasn’t been paid by the time the last of the units of [the housing] project have been sold.” Plaintiff alleged that the homes were sold while the LLC was in bankruptcy, that the business had no remaining assets after a bankruptcy stay was lifted in 2020, and that defendant refused to pay pursuant to his personal guaranty despite a demand for payment by plaintiff. In response, defendant contended that the civil action was barred by the statute of limitations, among other defenses. After a bench trial, the trial court determined that the action was timely, and a judgment was entered in plaintiff’s favor in the amount of $57,472.35 plus interest. On appeal, defendant contends that the judgment…