Associated Oil Co. v. Seiberling Rubber Co.

This is an action to recover on a written guaranty. The suit was brought against The Seiberling Rubber Company, an Ohio corporation licensed to do business in this state. The complaint alleges that the guaranty was executed by the defendant, the Ohio corporation, but in the written guaranty, attached to the complaint as an exhibit, the guarantor is described as Seiberling Rubber Company, a Delaware corporation, and the guaranty is signed Seiberling Rubber Company.

The defendant answered, admitting that it was an Ohio corporation, but as to all the allegations of the complaint upon which…