Fisk v. Stone

6 Dakota 35 | Supreme Court Of The Territory Of Dakota | 1888

By the Court :

The judgment is affirmed.

1. The case discloses the fact that the guaranty was intended to be absolute.

2. That, if an offer of guaranty, the defendant by his conduct waived the right of notice.

3. The terms of the guaranty were complied with.

4. The complaint was sufficient.

All the iustiees concur, except Francis, J.. who dissents.