Markland Mining & Manufacturing Co. v. Kimmel

This action was brought against the appellees Kimmel and Dinsmore-, and one Francis McKinley, to recover of them, as guarantors, upon a lease executed by third parties to appellant. After the filing of answers by the defendants McKinley died ; his administratrix was substituted, .and thus became a defendant.

In the following summary of the complaint, as we find it in the brief of counsel, the important portions are sufficiently stated.

The facts alleged in .the complaint are, in brief, as follows:

That the appellant, in June, 1877, was an incorporated company, and was the owner of a certain coal…