McAfee v. Wyckoff
New York Supreme Court
Action to recover against the defendant as guarantor. Contract to manufacture and deliver 100,000 steel castings. Castiiigs to he delivered at the average rate of 2,000 per day, payment to he made upon delivery of the castings. Defendant guaranteed payment on castings ordered as per contract.
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Action to recover against the defendant as guarantor. Contract to manufacture and deliver 100,000 steel castings. Castiiigs to he delivered at the average rate of 2,000 per day, payment to he made upon delivery of the castings. Defendant guaranteed payment on castings ordered as per contract. After the making of the contract and the giving pf the guarantee by the defendant, the vendor and vendee arranged between them that the vendor should ship the castings and send the bill thereof to the office of the vendee, and the .vendee should check off the castings so shipped, and then send a check…
1Opinion of the Court
Herrick, J.:
“A guarantor, like a surety, is bound only by the strict letter or precise terms of his contract and that the claim against him is strictissimi juris." Creamer v. Mitchell, 162 N. Y. 477-486.
The contract in this case was for 100,000 castings to be-delivered from time to time, at the average rate of 2,000 per day, to be paid for upon delivery. The guarantee was,. “ I guarantee payment on castings ordered by * * * as-, per their contract with you.” This is not a guarantee that-the contract will be fulfilled in all its terms. It is not a. guarantee against any breach of the contract.…
2Cases cited4 opinions
- Pope v. AllisSupreme Court of the United States · 1885
- Croninger v. . CrockerNew York Court of Appeals · 1875
- De Luka v. . GoodwinNew York Court of Appeals · 1894
- Creamer v. . MitchellNew York Court of Appeals · 1900
3Cited by7 opinions
- M.H. Metal Products Corporation v. AprilNew York Court of Appeals · 1929
- Schaffran v. Mt. Vernon-Woodberry Mills, Inc.Court of Appeals for the Third Circuit · 1934
- Tillotson & Wolcott Co. v. Scottdale MacHine & Mfg. Co.Ohio Court of Appeals · 1926
- Acme Brick Co. v. WestCourt of Appeals of Texas · 1919
- Kelvin Engineering Co. v. BlancoNew York Supreme Court · 1925
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