Lemp v. Armengol

GAINES, Associate Justice.

The plaintiff in error brought this suit to recover of defendant Krempkau, as principal, and of defendants Armengol, Martin, and Werner, as sureties, a balance due him for goods sold and delivered to the principal debtor. There was no controversy as to the existence or amount of the debt due by Krempkau; but the guarantors defended upon the ground that the indebtedness did not come within the terms of their contract of guaranty. The question was whether the guaranty was a continuing contract or not. The trial court held that it was, and gave judgment for the…