McClain v. Georgian Co.

1. Where one person agrees to become agent for another, and to take from him and pay for certain goods at a certain price, and simultaneously and without further consideration a third person signs an agreement annexed to the contract between the primary parties, in which he promises as follows: “For valid consideration, we hereby agree to the faithful performance of the above agreement by [the agent], and assume responsibility for any indebtedness incurred by him to the [principal] during the life of this agreement,” held, that as to the indebtedness the third person is a surety, and not a…