Rawleigh Co. v. Royal

1. Where a contract of guaranty is.signed upon the expressed condition that the party signing is not to be bound until a certain other party executes it as a co-guarantor, and the contract thus signed is placed in the hands of one who is not the opposite party or his authorized agent, to obtain the signature of such proposed co-guarantor and deliver to the opposite party the contract thus executed, and the person with whom the contract is deposited for the purpose stated fails to obtain the signature of the proposed co-guarantor to the contract and delivers the same to the opposite party, who…