Roger Williams Grocery Co. v. Sykes

The plaintiff brought an action of contract to recover from the defendants as guarantors money allegedly due him for deliveries of merchandise to the “Big W” Supermarkets, Inc. (“Big W”), of which the defendants were stockholders. The case was heard by an auditor with findings of fact not final. An answer was filed by the defendants containing a general denial and setting forth as affirmative defences that the contract of guaranty was undated, that it was not operative at the time of the deliveries, that there was fraud, and that an extension of time was granted by the plaintiff without the…