H. & C. Newman, Ltd. v. Scarborough

Citations

• 115 La. 860
• 40 So. 248
• 1905 La. LEXIS 748

Syllabus

<p>I. Guabanty — Acceptance.</p> <p>Where a guaranty has been demanded as a condition of withholding judicial proceedings, and has been received, and the judicial proceedings have been withheld, this was a sufficient acceptance of the guaranty, and no further acceptance was necessary.</p> <p>2. Same — Construction—Mistake.</p> <p>Where a person signing a guaranty thinks it is for $1,100, when in reality it is for so many thousands, there is error as to the substance of the contract; and the guaranty is binding only up to the amount as to which there was no error.</p> <p>3. Same.</p> <p>It makes no difference that the error was not induced by the creditor. Error is error, no matter by whom or by what induced, and vitiates the consent; and without consent there can be no contract.</p> <p>4. Same — Rights of Parties.</p> <p>The creditor, however, cannot be made to suffer for am error for which he is in no wise responsible; hence the person who committed the error must make good all the losses resulting therefrom.</p> <p>(Syllabus by the Court.) .</p>