Swift & Company (Swift) (plaintiff) brought an action against Erwin Smigel (defendant), executor of the estate of Joseph Smigel (Smigel), for the amount of $8,500 in unpaid merchandise it supplied to a nursing home. In 1962, Swift and Smigel entered into an agreement of “continuing guaranty” where Smigel would pay at maturity all indebtedness of the nursing home for goods delivered by Swift. Smigel was adjudicated incompetent in 1966, and his son, Erwin Smigel, was given guardianship. Neither Smigel nor his son paid for any delivered merchandise by Swift for most of 1967. The trial court granted Smigel’s motion for summary judgment, and entered judgment dismissing Swift’s complaint. Swift appealed.