Bagley v. Cohen

Citations

• 5 Cal. Unrep. 783
• 50 P. 4

Syllabus

<p>Contracts—Conditional Liability.—One G-. contracted: “On or before sixty days, I, G., do hereby agree to pay B,, or order, out of the profits realized by me from my business of packing raisins at M. during the present season, the sum of $310 in gold coin of the United States of America.” A few days thereafter G. sold his interest in the raisin business, and made no profits therefrom for that season. Held,, that G. never became liable on the contract.</p> <p>Guaranty—Failure of Principal’s Liability.—A guaranty of the above contract read: “I, E., do hereby guaranty the payment of the foregoing note in accordance with the conditions thereof. [Signed] E. J.” Held, that the guarantors were not liable on the guaranty, as the principal’s liability had never attached.</p>