General Petroleum Corp. v. Seaboard Terminals Corp.

CHESNUT, District Judge.

The controlling question in this case is whether the defendant’s contract of guaranty, the cause of action in the case, is to be treated as a sealed or simple contract. If sealed, the plaintiff is entitled to a verdict, but if only a simple contract the suit is barred by limitations. The question was discussed but not decided in a former opinion dealing with the subject matter as it arose on the pleadings only. D.C., 19 F.Supp. 882. The case has now been tried and submitted for final decision on testimony and argument, a jury having been waived by the parties in…