Burkhardt v. Bank of America Et Al.

This is an action on a guaranty for payment of rent. Counsel -for defendant in error say, “The only issue in this case is the validity of this agreement, and whether plaintiff in error is liable thereunder.” Counsel for plaintiff in error, to whom we will herein refer as defendant, contend that the guaranty involved lacks consideration; that it is a special guaranty and not general; that being special, any rights thereunder did not descend to the heirs of the guarantee. There are other questions raised by defendant concerning this guaranty that are not controlling within themselves; however,…