Newman v. Roth

The agreement upon which this action is based was a compromise agreement settling a dispute that existed among these coadventurers and must be viewed in that light. Pursuant to the agreement, the plaintiff’s testator guaranteed the payment of a portion of a debt owed to the Roth Estate by the Newman & Carey Subway Construction Company, which portion could not exceed the sum of $95,809.32 and might, under the *358terms of the agreement, be less. The agreement provided that in case of the death of the plaintiff’s testator any unpaid balance of the amount that he had guaranteed could be paid by…