Legal Opinion
Bradley v. Swift & Company
Court of Appeals of Georgia
Decided May 11, 1956No. 36146, 36147PublishedCited by 11 opinions
1Opinion of the CourtCarlisle, J.
“The construction of a contract is a question of law for the court.” Code § 20-701.
"In differentiating contracts of suretyship from contracts of guaranty, Justice Cobb, speaking for the court in the case of Manry v. Waxelbaum, 108 Ga. 14, 17 (33 S. E. 701), said: ‘One difference is pointed out by our code. It says that a contract of suretyship “differs from a guaranty in this, that the consideration of the latter is a benefit flowing to the guarantor.” Civil Code [of 1895], § 2966. . . In brief, we understand the difference to be this: A surety binds himself to perform if the principal does…
2Cases cited21 opinions
- Lewis v. FoySupreme Court of Georgia · 1940
- Tinsley v. Gullett Gin Co.Court of Appeals of Georgia · 1917
- Stoddard Manufacturing Co. v. AdamsSupreme Court of Georgia · 1905
- Morrison v. RobertsSupreme Court of Georgia · 1942
- Manry v. Waxelbaum Co.Supreme Court of Georgia · 1899
16 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Management Assistance, Inc. v. Computer Dimensions, Inc.District Court, N.D. Georgia · 1982
- D.L. Lee & Sons, Inc. v. ADT Security Systems, Mid-South, Inc.District Court, S.D. Georgia · 1995
- Wall v. Federal Land BankCourt of Appeals of Georgia · 1980
- Legacy Academy, Inc. v. Mamilove, LLCCourt of Appeals of Georgia · 2014
- Goldgar v. GalbraithCourt of Appeals of Georgia · 1980
6 more not listed; retrieve them via the Exa API.