Jacob Sall Building & Loan Ass'n v. Heller

Opinion by

Mr. Justice Schaffer,

The court below entered judgment against defendant on a bond which he had given to plaintiff building and loan association. Defendant appealed, contending that plaintiff had materially changed the terms of the contract with the third party for whom he had become surety, and that the effect of this was to discharge him from liability.

Samuel A. Savitz gave to the plaintiff association a second mortgage for $12,000 on a property he owned. The mortgage and accompanying bond required him to carry sixty shares of stock in the thirty-second series of the association.…