Edward Corp. of Miami v. David M. Woolin & Son, Inc.

HORTON, Judge.

This is an appeal from a final judgment dismissing the plaintiff’s second amended complaint. The trial judge found the contract sued upon was one of suretyship rath*253er than guaranty, thus requiring the addition of the principal as party-defendant.

The facts, as disclosed by the complaint, reveal that Edward Corporation of Miami refused to deliver goods to Medley Industries without the joinder of the appellee in the obligation. After receipt of the order, the supplier, Edward Corporation of Miami, submitted the following “Order Confirmation” to Medley Industries:

“Gentlemen:

“We…