Wilkinson v. McKimmie

Citations

• 229 U.S. 590
• 33 S. Ct. 879
• 57 L. Ed. 1342
• 1913 U.S. LEXIS 2471

Syllabus

<p>A court of equity looks to substance rather than to form. Whether the contract of the principal has been so altered as to discharge the ^surety is to be decided according to the essentials.</p> <p>In this case held that an arrangement'-as to a reservation in a conveyanee made simply to save expense of reconveyance and which did not alter the position of the principal or his surety was not such a material change as would discharge the surety.</p>