Donahue v. Gift

Citations

• 7 Cal. 242

Syllabus

<p>Where the defendant, in consideration of the extension, by plaintiffs, of a note held by them against A, executed a guaranty than the same should be paid within a specified time, with increased interest, by the checks of the defendant, and from the proceeds of sales of his own property, and providing that a failure of defendant to comply with his guaranty should operate as a determination of the extension granted to A: Held, that, under the proviso, the plaintiffs must first exhaust their remedy against A, on the original demand, and that then they could compel the guarantor to make good the deficiency.</p>