Duncan v. Heller

Citations

• 13 S.C. 94
• 1880 S.C. LEXIS 26

Syllabus

<p>1. A written offer to guarantee the debt of another in consideration of forbearance to the principal debtor, is not a complete contract, nor binding upon the writer until notice of acceptance is given to him, even-though forbearance is afterwards granted. Thomas v. Croft, 1 Strob. 40.</p> <p>2. Notice of acceptance by the creditor to the debtor, who delivers the letter of guaranty, is not notice to the guarantor, there being no proof of agency.</p>