American Agricultural Chemical Co. v. Griffin

This is another instance of a father coming to tbe rescue of bis son by promising to pay tbe latter’s note if not paid at maturity. A guaranty of payment is an absolute promise to pay tbe debt at maturity if not paid by tbe principal debtor. S. v. Bank, 193 N. C., 524, 137 S. E., 593; Cowan v. Roberts, 134 N. C., 415, 46 S. E., 979. But as a consideration for tbe guaranty plaintiff agreed to furnish tbe son, on open account, fertilizer to make bis crop for tbe year 1929. This was tbe sine qua non of the father’s guaranty, and tbe plaintiff has failed to comply with its part of tbe agreement.

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