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· 4/1/1895

T. G. Evans & Co. v. McCormick

Citations

  • 167 Pa. 247
  • 31 A. 563
  • 1895 Pa. LEXIS 887

Syllabus

<p>Guaranty — Notice of acceptance — Contract.</p> <p>Except in cases of absolute guaranty, accepted when given, notice of acceptance is necessary to fix the liability of the guarantor.</p> <p>Such notice is necessary even if the guaranty is made at the request of the guarantee.</p> <p>Plaintiff telegraphed the defendant: “Bierly’s purchases amount to about seven hundred dollars.. Will you guarantee payment?” Three days later defendant telegraphed to plaintiff: “ I will guarantee payment of Bierly bill.” Plaintiff sold and delivered goods to Bierly without notifying defendant of the acceptance of the guaranty. Held, that defendant was not liable on the guaranty.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • defining an accessory use as a use which is secondary lo a principal use and is usually found with the principal use

Source: CourtListener parenthetical corpus (CC0).

Judges: Ctjriam, Fell, Green, McCollum, Sterrett, Williams

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.