A Selection of Cases On the Law of Contracts volume 1
A Selection of Cases On the Law of Contracts volume 1
Samuel Williston
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, give up to the said defendant the said guaranty of 10, 000/. Breach, non-payment of the bills, when they afterwards came to maturity, by Lees & Sons, or the parties at whose houses the bills respectively were made payable, or by defendant, or any other person, «fec. Third plea to the first count : " That the said supposed guaranty of 10, 000/. , in consideration of the giving up whereof the defendant made such supposed promise and undertaking as therein mentioned, and which guaranty was so gi...ven up to the said defendant as therein men- tioned, was a, special promise to answer the said plaintifis for the debt and default of other persons, to wit, the said Messrs. John Lees & Sons in the said first count mentioned ; and that no agreement in respect of, or relating to, the said supposed guaranty or special prom- ise, or any memorandum or note thereof, wherein any sufficient con- sideration for the said guarant}' or special promise was stated or shown, was in writing and signed by the said defendant, or an}' other person by him thereunto lawfully authorized.
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