Flocker v. Sirlin

Opinion by

Linn, J.,

Plaintiff sued for rent due by a lease on the back of which defendant became surety. It was not denied that rent was due. Defendant contended that his signature was obtained by fraud that allowed him to set aside the contract. The learned trial judge gave binding instructions for the plaintiff in the amount due with interest, $618.14, on the ground that the evidence offered by defendant to set aside his contract was not clear, precise and indubitable within the rule applicable.

The lease and the contract of suretyship were executed on a printed form, the lease being signed…