Rawleigh Co. v. Etheridge

Tbe contract involved in this case has been the subject of previous litigation between the parties and is fully set *555forth in the statement accompanying the decision in Etheridge v. Rawleigh Co., 29 Ga. App. 698 (116 S. E. 903). In that case the Eawleigh Company sued Hudgins and Etheridge together as principal and surety, and this court held 'that the undertaking of Etheridge was one of guaranty and that the demurrer by Etheridge upon the ground of misjoinder should have been sustained and the petition as to him dismissed. The plaintiff then brought a separate suit against Hudgins, the…