Mackenzie Oil Co. v. Omar Oil & Gas Co.

Harrington, J.,

delivering the opinion of the court:

Before considering this case, perhaps we should state that it is conceded that by reason of the agreement of counsel, referred to in the statement of facts, no advantage can be taken of the fact that the T and B Pipe Line Company was not also made a party defendant in this action.

While now questioned by the defendant company, the guaranty by that company of the notes given by Clark is alleged in the complaint and is admitted in the answer filed by it. Further than that, its responsibility to the plaintiff of the notes in question is expressly…