Birge v. Armour

Citations

• 37 Pa. Super. 470

Syllabus

<p>Guaranty — Payment for goods — Delivery of goods — Consideration.</p> <p>In an action on a written guaranty for the payment of a bill of goods sold by the plaintiffs to another person on a date prior to the date of the guaranty, the plaintiffs must show not only a delivery of the goods in the manner stipulated for by the guarantors, but also some consideration moving to the guarantors.</p> <p>In such a case an affidavit of defense is sufficient which avers that the defendants at first refused to sign the guaranty, and only did so upon the express stipulation that the goods should be delivered to themselves to be used in a particular building operation, and that the plaintiffs had not performed this stipulation, but had delivered the goods to the' person for whom the guaranty had been made, and that the goods had been used by such person in another and entirely different building operation.</p>