Sagal v. Mann
Supreme Court of Connecticut
Action to recover rent guaranteed by the defendant, brought to the City Court of New Haven and tried to the jury before Booth, J.; verdict and judgment for the plaintiff for $335, and appeal by the defendant. From the undisputed, material facts, it appears that on October 8th, 1910, one Rose A. Ward leased to Jacob Mann certain premises known “as a stable” in the city of New Haven.
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Action to recover rent guaranteed by the defendant, brought to the City Court of New Haven and tried to the jury before Booth, J.; verdict and judgment for the plaintiff for $335, and appeal by the defendant. From the undisputed, material facts, it appears that on October 8th, 1910, one Rose A. Ward leased to Jacob Mann certain premises known “as a stable” in the city of New Haven. The lease contained the provision that the premises might be sublet by the written permission of the owner. On the 10th day of October, 1910, the defendant, Charles Mann, in writing, guaranteed the payment of the…
1Opinion of the CourtRoraback, J.
The defendant claims that by the permission to sublet there was a radical and fundamental alteration of the contract between the original lessor and lessee, which discharged the defendant as guarantor from the payment of the rent. Some courts hold that, although departures from the principal contract, or changes in its terms, are not of a material nature, the guarantor will be released; but the weight of authority requires that such changes should be of a material and substantial character to discharge him. 20 Cyc. 1444, 1445.
In the present case there was a provision in the original lease…
2Cases cited9 opinions
- Stillman v. . NorthrupNew York Court of Appeals · 1888
- Benjamin v. HillardSupreme Court of the United States · 1860
- Village of Chester v. LeonardSupreme Court of Connecticut · 1897
- Rowan v. Sharps' Rifle Manufacturing Co.Supreme Court of Connecticut · 1865
- Lowry v. AdamsSupreme Court of Vermont · 1850
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