dissenting.
I am unable to agree with the majority’s holding, because the arguments that lead the majority to reject the trial court’s favorable ruling on defendant’s affirmative defense of failure of consideration do not seem to me to have been raised by plaintiff adequately, if at all. As I read plaintiffs briefs, the necessary premise of its argument on that issue is that there was insufficient evidence to support the court’s findings that plaintiff agreed to give defendant a first priority interest in the In Focus Systems, Inc., and Premium *376Companies shares as consideration for the guaranty. Defendant’s evidence on that issue was unimposing, and it might have been inadmissible or incompetent. However, plaintiff does not make those contentions. It argues only that, given its full weight, the evidence does not permit the finding.
Our review is not de novo. There was enough evidence for the trial court to make the finding that it did. Because we can tell from the record that the defense was one of the bases for the trial court’s judgment and because it is an absolute defense, I would affirm.
I respectfully dissent.