American Radiator Co. v. Hoffman

Citations

• 26 Pa. Super. 177
• 1904 Pa. Super. LEXIS 287

Syllabus

<p>Guaranty — Delay in completion of work — Release.</p> <p>Where an original contract of- guaranty for the price of goods sold and delivered remains unchanged, and the vendor has shown complete performance, the guarantor is not released from his obligation by merely showing that there had been some delay.</p> <p>Guaranty — N otice — Estoppel.</p> <p>A guarantor who has been notified that his contract of guaranty has been accepted and that goods are being delivered upon the faith of it, and subsequently by positive declarations encourages the party acting upon the faith of the guaranty to continue the delivery of the goods, cannot afterward be heard to assert that notice of the acceptance of his guaranty was not given in time.</p> <p>Principal and surety — Guaranty—Construction of agreement.</p> <p>An agreement which although styled a guaranty covenants that in case the principal “fails to make the payment aforesaid when due, the undersigned agrees to make payment of said sum at the time aforesaid as though primarily liable,” constitutes a contract of suretyship, and not of guaranty.</p>