Capitol Food Co. v. Smith

This is an action brought to recover the price of certain horse food and medicine, claimed to have been sold to appellee Smith under terms of a written contract, entered into by the appellant and Smith, appellee.

The contract of sale is set out in full in the declaration and is signed only by appellant, and Smith, appellee.

The liability claimed against appellee Milner is that of a guarantor of the performance of the contract entered into by Smith.

The contract of guaranty by appellee, Milner, is in substance as follows: “In consideration of the foregoing contract as evidenced thereby and the…