Driscoll v. Winters

Citations

• 122 Cal. 65
• 54 P. 387
• 1898 Cal. LEXIS 528

Syllabus

<p>Guaranty—Alteration of Contract—Release of Guarantor.— A guarantor is released from liability by any material alteration of the terms of the contract, the performance of which was guarteed by him, if made without his consent, whether such alteration has the effect to increase or decrease the liability of the person whose performance of the terms of the original contract was guaranteed.</p> <p>Id.—Contract to Furnish Milk—Reduction of Quantity.—The modification of a contract for the purchase of a specified quantity of milk daily, the performance of which by the purchaser was guaranteed by a third party, so as to reduce the quantity purchased each day, releases the guarantor, if made without his consent.</p>