Hill-Behan Lumber Co. v. Tac Amusement Co.

SAMUEL, Judge.

This is a suit for $716.67, the total price of building materials sold by plaintiff to a Jessie M. Chehardy on March 28, 1967. The petition alleges the sale was made only because the sole defendant, Tac Amusement Company, guaranteed payment of the amount in suit, delivered its certified check therefor, and thereafter stopped payment on the check. The claim is based on the check which was not honored and, alternatively, on the alleged guarantee. After trial there was judgment as prayed in favor of plaintiff. Defendant has appealed.

The record reveals Chehardy was about to go into…