W. T. Rawleigh Co. v. Hicks

DREW, Judge.

Plaintiff entered into a contract with E. L. Hicks to sell and deliver to him its products as he ordered. C. H. Sledge and J. W. Campbell signed the contract with Hicks, as sureties, and unconditionally agreed to pay plaintiff for all goods, wares, and merchandise delivered to Hicks and also agreed to pay all prior indebtedness that Hicks was due plaintiff on the date of acceptance of the contract. Under the contract the sureties waived any right they might have to require plaintiff to exhaust its remedy against the principal before proceeding against them.

Plaintiff instituted…