J. R. Watkins Co. v. Clark

AILSHIE, J.,

dissenting. — The following was written and submitted to my associates in January, with the thought that it might become the opinion of the court. However, since the majority have reached a different conclusion, I am therefore filing this as expressing my own views of the case:

Respondent, the J. R. Watkins Company, a Delaware corporation, (hereinafter called the Company) brought this action against defendant Clark (hereinafter called the purchaser) and his sureties, (called the guarantors) for collection of balance due the company on a contract of guaranty, in the sum of…