Cutler v. Ballou

This is an action upon a written guaranty, signed by the defendant, and in the following words : “ Boston, April 9,1880. A. L. Cutler & Co. — Gentlemen, Please deliver to Charles A. Howland goods as he may want from time to time, not exceeding in amount ($300) three hundred dollars, and if not paid for by him within thirty days I will be responsible for the same.”

The question is whether this is a continuing guaranty, or a guaranty which was exhausted and satisfied by the first purchase by Howland of goods to the amount of $300, followed by payment for the same. In determining this question,…