J. R. Watkins Co. v. Fornea

The appellant, a foreign corporation, as plaintiff, instituted this suit against Tom Rester as principal, and H. S. Stewart and W. J. Fornea as sureties, for the balance of an account due by Rester to appellant. The principal in the contract, Rester, made no defense. Stewart and Fornea among other things pleaded a material alteration in the contract made by Watkins without their knowledge and consent. The contract upon which this suit is based was attached to the declaration and reads as follows:

“This agreement, made at Winona, Minnesota, IT. S. A., this 1st day of December, A. D. 1919,…