Zimmerman v. Judah

Suit upon a promissory note for 2,000 dollars, dated October 13, 1855, given by C. H. Brown, with G. Zimmerman as surety, to Samuel Judah, payable one day after date.

It appears by the answer of the defendant, Zimmermcm, that at the same time that this note was executed, Judah and Brown entered into a contract, by which Brown was to erect for Judah a certain building, to be wholly completed ready for occupancy by the first day of November, 1856. The agreement fixes the amount to be paid, the *287time of payment, &c. The last clause of the agreement is as follows:

“5th. As to the balance, 2,000…