Denniston v. Schaal

Citations

• 5 Pa. Super. 632
• 1897 Pa. Super. LEXIS 295

Syllabus

<p>Guaranty — Continuing guaranty — Evidence—Question for jury.</p> <p>The terms of guaranties and the circumstances under which they are given differ so greatly in different cases that no very definite rules for determining whether a guaranty shall be considered a continuing one or not, can be given. Certain general principles, however, are well established; (hat the instrument is to be construed according to what is fairly to be presumed to have been the understanding and intention of the parties, without any strict technical nicety; that the language should not be strained beyond its natural import for the purpose of enlarging the guarantor’s liability; and that in ascertaining what was the understanding of the parties the circumstances accompanying the whole transaction are to be looked to.</p> <p>Evidence — Parol evidence to explain written agreement.</p> <p>It is an elementary principle of the law of evidence that parol evidence is admissible to explain a written agreement so far as to give identity to the subject-matter, and apply the contract to it.</p> <p>This principle is applicable to a written guaranty in the following words: “I hereby guarantee the account of George Schaal with Denniston & De-Armond to the amount of $150 and will be responsible for payment of the same.”</p>