Independent Brick Selling Co. v. Central Trust & Savings Co.

Citations

• 63 Pa. Super. 219
• 1916 Pa. Super. LEXIS 140

Syllabus

<p>Contract — Guaranty of payment — Building operation.</p> <p>A contract for bricks for a building operation provided for a fixed number of bricks for a fixed sum, half to be paid in cash on delivery of the bricks, and half in notes. The contract also provided that a trust company should guaranty the cash portion of the contract and also the payment in full of the notes. It was further provided that no extra charge for material should be made unless the matter was reduced to writing, and that such writing was to he regarded as a separate and distinct contract. The trust company executed a writing guaranteeing payment of the notes. The company subsequently guaranteed and paid the whole amount, one-half in cash, and the other half representing the notes. Held, that the trust company was not liable on its guaranty for extra bricks, even though the price of certain 'of the extra bricks was included in one of the notes.</p>