F. D. Cline Paving Co. v. Southland Speedways, Inc.

Appellants contend: (1) The filing of the lien and claim with the receiver for $18,342 was an election to release them, which now bars plaintiff’s right to proceed against them; (2) the acceptance of the Chesnutt note was a payment of the note endorsed by them; and (3) if -the acceptance of the Chesnutt note did not discharge their obligation, the acceptance of the stock in Capital Investment Company was a payment and discharge.

None of -these contentions rests on a -solid foundation. Speedways was the real or primary debtor; defendants were only secondarily liable. The mere fact that the…