J. W. Watkins Med. Co. v. Lovelady
Supreme Court of Alabama
Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. Assumpsit by the J. R. Watkins Medical Company against S. P. Davidson as principal, with W. E. Love-lady and others as sureties. Judgment for defendant Lovelady and others, and plaintiff appeals.
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Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. Assumpsit by the J. R. Watkins Medical Company against S. P. Davidson as principal, with W. E. Love-lady and others as sureties. Judgment for defendant Lovelady and others, and plaintiff appeals. Count 1 is based upon damages for the breach of an agreement entered into by defendant jointly and severally with plaintiff on the 1st day of December, 1911. The second count is based upon the said agreement, by which it is alleged that W. P. Ryan and W. E. Lovelady then and there and thereby jointly and severally agreed and guaranteed…
1Opinion of the Court
SAYRE, J. —
When the parties formulated the contract exhibited to counts 1 and 2 of the complaint, most likely they had not in mind the distinction between suretyship and guaranty which the courts generally have observed. This appears from the fact that, while in the body of the contract sued upon defendant Love-lady and another undertake to “guarantee” the performance of his agrément by Davidson, the principal obligor, at the bottom of the contract, which evidently had been prepared by the obligee medical company, and was intended for signature by, and was in fact signed by, those parties…
2Cases cited1 opinion
- Saint v. Wheeler & Wilson Manufacturing Co.Supreme Court of Alabama · 1891
3Cited by15 opinions
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- American Casualty Company of Reading, Pa. v. DevineSupreme Court of Alabama · 1963
- National Surety Co. v. JulianSupreme Court of Alabama · 1933
- Davenport & Harris Undertaking Co. v. RobersonSupreme Court of Alabama · 1929
- Gambill v. Fox Typewriter Co.Supreme Court of Alabama · 1914
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