Cushing v. Cable

• Court: Minnesota Supreme Court
• Writing for the Court: COLLINS
• Citation: Cushing v. Cable, 48 Minn. 3, 50 N. W. 891 (Minn. 1892)
• Decision Date: 06 January 1892
• Parties: CUSHING ET AL. v CABLE ET AL.

48 Minn. 3

50 N.W. 891

CUSHING ET AL.vCABLE ET AL.

Supreme Court of Minnesota.

Jan. 6, 1892.

(Syllabus by the Court.)

The elementary rule applied, that the liability of a surety or guarantor is not to be extended by construction or implication beyond the strict terms of his contract.

Appeal from district court, Hennepin county; CANTY, Judge.

Action by J. E. Cushing and others against John Cable and others to recover on a contract. Judgment for plaintiffs. Defendant Edwin Cooley appealed. Reversed.

Polk & Gilman, for appellant.

Rea & Hubachek, for respondents.

COLLINS, J.

The appellant, Cooley, by means of his written agreement appended to the contract made between these plaintiffs and the defendants Cable and Chute Bros., guarantied-First, that the latter would pay to plaintiffs $70 per month for the use of two boilers and the attached engines for the period of four months, commencing May 16, 1890; second, that should Cable and Chute Bros. renew the contract for the period of two months more, in the manner prescribed therein, his liability as guarantor should remain, as to payment for the use of the articles, for that further period of time, in all six months; and, third, that the boilers and engines should be properly used, and should be returned in their present condition-natural wear excepted-by Cable and Chute Bros. That there was no renewal of the contract for any period of time; that no other contract was entered into; that plaintiffs were duly paid for four months at the agreed price per month, and $81.80 in addition; that the articles were kept and retained by Cable and Chute Bros. for about seven months after the expiration of the specified term of four months, but were then returned in good order,-stands undisputed on the proofs and admissions. But, notwithstanding this, the court below ordered judgment against the...