33 Ind. 214 | Ind. | 1870
Action by appellee upon a contract leasing to-Leonard a farm for two years from March; 1st, 1866, charging various breaches- of' the contract and! joining tbe co-appellants, wbo executed this-agreement: “We guarantee that John R. Leonard shall perform his agreements in the foregoing contract.^ One part of the original contract was, that Leonard should pay the appellee one thousand dollars for the two years rent, in two payments of five hundred dollar» each, for which he was to give his notes with surety to the satisfaction- of the appellee. A demurrer was overruled to> the statement of the cause of action. The complaint alleges, that Leonard took possession and failed to execute such note» ®r pay the-sum due, and that notice of this fact was given said! guarantors on the 1st ®f January, '1867!- It is. insisted t.bnfc
Judgment affirmed, with three per cent, damages and costs.