Salomon v. Ellison

This action was assumpsit upon a written guaranty. The plea was the general issue.

Trial, and verdict finding the issues for plaintiffs (appellees), and assessing their damages at the sum of $750.

The bill of exceptions shows no motion for a new trial, nor any exception to the action of the trial court in overruling such motion, if one was made.

The attorneys for appellant say in their brief :

“ We contend that the writing in question is a mere proposal and not a contract of guaranty; that the burden is upon appellees to prove that appellant had notice of the acceptance of this alleged guaranty,…