White v. Smith
Supreme Court of Pennsylvania
Error to the Common Pleas of Warren county. This was an action of assumpsit by Orange White against Jonathan Smith and Elijah Robinson, on the contract of guaranty, w-ritten at the foot of the following lease:— “ Article of agreement entered into between Orange White of the first part, and Jonathan Smith of the second part (viz.) that White rents to Smith the farm known as the Crandall farm, with twelve good cows in good condition, to come in by the first of May, and an ox…
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Error to the Common Pleas of Warren county. This was an action of assumpsit by Orange White against Jonathan Smith and Elijah Robinson, on the contract of guaranty, w-ritten at the foot of the following lease:— “ Article of agreement entered into between Orange White of the first part, and Jonathan Smith of the second part (viz.) that White rents to Smith the farm known as the Crandall farm, with twelve good cows in good condition, to come in by the first of May, and an ox team, for three years from the first day of May next; for which Smith is to pay to White three hundred dollars; one…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
The first assignment of error in this case is to the negative answer of the court to the plaintiff’s third point, and their affirmative answer to the defendants’ fourth. These answers regard the construction to be given to the contract on which suit was brought. It was a joint and several instrument.
We have no doubt whatever but that the contract in question was an undertaking or guaranty, by Smith and Robinson, for the faithful performance by the former of his agreement with the plaintiff, with the superaddition of a stipulation for a…
2Cited by13 opinions
- Betterman v. American Stores Co.Supreme Court of Pennsylvania · 1951
- Rankin v. TygardCourt of Appeals for the Eighth Circuit · 1912
- Hempfield Township School District v. CavalierSupreme Court of Pennsylvania · 1932
- Irwin v. HoffmanSupreme Court of Pennsylvania · 1935
- Jenkins Towel Service, Inc. v. Fidelity-Philadelphia Trust Co.Supreme Court of Pennsylvania · 1960
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