Gonzales v. Gauna

OPINION OF THE COURT

DAVIS, J.

In 1912 Teófila M. Gonzales, appellee, delivered to Celso J. Chavez eight cows under a contract by which he agreed to return 16 cows in five years. The contract concluded with the clause “and the party of the second part [Chavez] gives as responsible Mr. Francisco Gauna of Raton, New Mexico, county of Colfax, bondsman of this agreement.”' Francisco Gauna signed the instrument, the word “fiador” or “surety” preceding his name. Before the expiration of the five-year term, he died, and afterwards Chavez was asked by Mrs. Gonzales that he procure a new surety. He…