Legal Opinion
Fagelson v. Pfister Aluminum Corp.
Court of Appeals of Georgia
Decided April 28, 1964No. 40632PublishedCited by 13 opinions
1Opinion of the Court
Felton, Chief Judge.
The contract executed by the defendants was one of suretyship, rather than of guaranty, notwithstanding the references therein to such terms as “contract of guaranty,” “guarantors,” and “guarantee.” It is the real intent of the parties and the substance of such an agreement which determine its character rather than its form or nomenclature. Fields v. Willis, 123 Ga. 272, 275-6 (51 SE 280); Moate v. H. L. Green Co., 95 Ga. App. 493, 504 (98 SE2d 185) and cit. The distinction between these two types of contracts is made in Code § 103-101, as follows: “The contract of…
2Cases cited3 opinions
- Fields v. WillisSupreme Court of Georgia · 1905
- McKibben v. Fourth National BankCourt of Appeals of Georgia · 1924
- Moate v. HL Green CompanyCourt of Appeals of Georgia · 1957
3Cited by13 opinions
- Wolkin v. National Acceptance Co.Supreme Court of Georgia · 1966
- Kennedy v. Thruway Service City, Inc.Court of Appeals of Georgia · 1975
- D. N. Stafford and Flora C. Stafford v. United StatesCourt of Appeals for the Fifth Circuit · 1980
- White v. ChapmanCourt of Appeals of Georgia · 1979
- Griffin v. Georgia-Pacific Corp.Court of Appeals of Georgia · 1986
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