Canavan Bros. v. Bendheim

The action is brought against the defendants as guarantors upon a contract for excavation made by the plaintiff with a corporation known as the Real Construction Company. " The complaint alleges substantial performance of the contract, except so far as prevented by the Real Construction Company. The defendants base their demurrer upon two propositions: First, that such an allegation is a conclusion of law merely, and presents no issue; and, second, that against them as guarantors a recovery cannot be had upon substantial performance merely, but, their contract being strictissimi juris, the…