Oklahoma Statutes

Okla. Stat. tit. 15, § 323 (2026)

Consideration

✓ current as of July 2026
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Where a guaranty is entered into at the same time with the original obligation, or with the acceptance of the latter by the guarantee, and forms, with that obligation, a part of the consideration to him, no other consideration need exist. In all other cases there must be a consideration distinct from that of the original obligation. R.L.1910, § 1028.

Notes of Decisions
Cited in 2 cases, 1994–2000 · leading case: Cinco Enter., Inc. v. Benso, 890 P.2d 866 (Okla. 1994).
Cinco Enter., Inc. v. Benso, 890 P.2d 866 (Okla. 1994). “15 O.S.1991, § 323 presumes the exchange of consideration between the guarantor and the guarantee where the note and the guaranty are contemporaneous even in the absence of a written expression, and provides that, in all other cases, consideration given for the guaranty…”
Home-Stake Oil & Gas v. Home-Stake Acq. (10th Cir. 2000). “” Okla. Stat. Ann. tit. 15, § 324 (West 1993).”
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