United Clay Products Co. v. Linder

EDGERTON, Associate Justice.

Appellee guaranteed, in writing, payment for materials which appellant sold to Huff. Huff defaulted, and appellant sued on the guaranty. Appellee defended on the ground that appellant failed to give prompt notice of Huff’s default. There was evidence that appellant agreed orally to give prompt notice,1 *broke this agreement, and thereby injured appellee. There was also contrary evidence. The case was heard without a jury. The court made a “Trial Finding for Defendant” (appellee), without more, and entered judgment accordingly.

We must assume that the court found all…