Chris. Schroeder & Son Co. v. Oeflein

The recital clause of the contract of guaranty referred to in the statement of facts, and the only clause in the contract containing any words of guaranty, is as follows :

“Whereas second party (the company) is unwilling to take on said bond issues and handle the same unless third parties (Walter W. Oeflein, Robert A. Messmer, and Walter Schroeder) will personally, to the extent of one-third each, guarantee second party the performance by first party (Mastopietro) or his assigns, of all the terms of said bonds and trust mortgages so to be executed by him to second party, which said performance…