Whitten v. Alling & Cory Company

MOORE, Justice.

Plaintiff-appellee, Ailing & Cory Company, instituted suit against appellants, Lind say H. Whitten and Harold D. Sewell, alleging a breach of a written surety agreement in which appellants guaranteed payment of the debts of Goodway, Inc., to the extent of $50,000.00 for goods and merchandise sold to Goodway, Inc. Appellants answered with a general denial and'among other defenses set up a plea of failure of consideration. After a trial before the court sitting without a jury, the trial court rendered judgment in favor of appellee, Ailing & Cory Company, for the sum of $49,909.02…