National Surety Corp. v. Inland Properties Inc‪.‬

In this diversity action appellant appeals from the judgment of the district court dismissing with prejudice appellant's complaint against appellee United Security Life Insurance Company, referred to herein as United. The pivotal issue litigated in the district court was the liability of United to appellant on a written contract of guaranty in the form of a letter, allegedly executed on behalf of United by its former president, W. L. DeLong. More specifically, the Court was required to decide whether DeLong had actual or apparent authority to bind United by the guaranty upon which appellant's claim for relief is premised. Judge Henley, in a soundly reasoned opinion, persuasively demonstrated that DeLong lacked such authority. 286 F. Supp. 173, 176-182 (E.D.Ark.1968).