Warner Gear Co. v. Bergdoll

Citations

• 253 Pa. 164
• 97 A. 1085
• 1916 Pa. LEXIS 804

Syllabus

<p>Contracts — Suretyship—Extent of liability.</p> <p>1. The liability of a surety is not to be extended beyond the terms of his contract, and that contract must be strictly construed.</p> <p>2. Where a surety under a contract for the purchase of certain goods agrees that “payments called for under this contract are personally guaranteed by” him, the surety is liable for the price of goods actually delivered by the vendor, but not for loss resulting to the vendor, occasioned by the inability of the vendee to perform on account of bankruptcy, or for the vendor’s loss on materials purchased for the purpose of fulfilling a part of the contract which both parties later agreed to cancel.</p>