Vermont Marble Co. v. Bayne

Per Curiam :

The Vermont Marble Company, plaintiff in error, (hereinafter called plaintiff,) instituted suit in the circuit court of McDonough county against defendants in error, (hereinafter called defendants,) as sureties on a contract between plaintiff and the American Mausoleum Company. The trial court sustained the demurrer of defendants to the amended declaration and entered judgment for them. This judgment was affirmed by the Appellate Court for the Third District, and the cause comes here by certiorari.

The allegations of the amended declaration, so far as now important, were as…