Merchants National Bank v. Cole

Citations

• 83 Ohio St. (N.S.) 50

Syllabus

<p>Unlimited guaranty — Intended to be continuing — But equivocal for absence of words' — May be explained — But not contradicted— By surrounding circumstances — Intention of parties.</p> <p>An unlimited guaranty in the absence of words showing that it was intended to be continuing is equivocal, and the surrounding circumstances may be proven, not to contradict or vary the terms of the writing but, to enable the court to put itself in the place of the parties the better to understand the terms employed in the writing and to arrive at the mutual intention of the parties.</p>