American Copper Co. v. Lowther

The action is on a bond wherein the defendant guaranteed that the Fairfield Copper Company would perform the covenants of a certain other bond executed by it to the plaintiff, and also the provisions of a certain contract made between it and the plaintiff. The contract provided that the plaintiff, “ at the execution and delivery thereof,” should “ advance the sum of $25,000 in cash to the party of the first part (the Fairfield Copper Co.) upon its bond for the repayment of said sum, at its election, in pig copper or cash, or part in cash and part in pig copper, with interest at 5 per cent,…