Donlevy v. Dobbs

Citations

• 53 Pa. Super. 411
• 1913 Pa. Super. LEXIS 188

Syllabus

<p>Contract — Guaranty—Evidence—Burden of proof.</p> <p>In an action on a guaranty to pay for merchandise delivered to a contractor, where it appears that the guaranty was given to secure the immediate delivery of material for a building operation in which the defendant was interested, the defendant cannot set up as a defense an order drawn by the contractor upon the defendant in favor of the plaintiff to be paid out of the last moneys due the contractor upon the completion of the operation, if it appears that such order was never accepted by the defendant, and by the very terms of the guaranty had no connection with it.</p>