36 Minn. 270 | Minn. | 1886
The facts fully appear in the findings of the court. ■ The important question here is, upon the facts found, for whom were
The foregoing, in our judgment, states correctly the legal relations of the parties to each other. But if it be assumed that the contract of lease was between plaintiff, as lessor, and Fagan & Magner, as lessees, although in form assignees of Fratenburgh, and the defendants were guarantors for them, the result would necessarily be the same. The failure to pay the rent would, in this view of the case, be the default of Fagan & Magner, and the defendants liable as their
The seventh finding of fact seems to be wholly unsupported by evidence. The court was perhaps misled by an indorsement upon the lease, which, however, was never proved nor introduced in evidence. It can hardly be necessary to add that the execution of the lease by plaintiff was sufficient consideration for defendants’ guaranty.
Order affirmed.