Kamber v. Rosen
98 N.Y.S. 839 | N.Y. App. Term. | 1906
We do not think that the guaranty ever became effective, because it was never accepted by plaintiff. The original guaranty was returned for the addition of a clause. Up to this time if certainly had not been accepted, and the guarantors had a right to recall it. This they unmistakably did. We do not consider that the minds of the parties ever met on the subject. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.
