Gund v. Cleveland Store Fixture Co.

Citations

• 22 Ohio C.C. Dec. 676

Syllabus

<p>GUARANTY — SALE.</p> <p>Guaranty of Sale Adjudged not Set Aside for Breach of Collateral Contract.</p> <p>A judgment upon a guaranty of payment endorsed on a contract of sale of bar furniture will not be set aside for error with respect to only one of two issues joined relative to an alleged failure to comply with a separately written agreement to furnish a union label to accompany the furniture; since the jury’s general verdict may be taken to imply either that the latter agreement was executed and delivered subsequently to the endorsement or that such promise was complied with by tender of a union label that had been in the seller’s possession some time.</p> <p>[Proof of this decision was submitted to Judge Henry and corrected. — Ed.]</p>