47 Ga. App. 105 | Ga. Ct. App. | 1933
J. E. Whitley, trading as the Whitley Construction Company, wrote to the Seaboard Air-Line Kailway Company as follows: “With reference to credit for freight charges to the Hooks Construction Company, who are now doing some paving at Clarion, Georgia, on your line: We hereby guarantee the payment
1. Hnder ordinary circumstances and in the absence of a stipulation to the contrary, it will be presumed that a contract of guaranty guaranteeing the payment of “all just and lawful freight charges” on shipments made to another includes demurrage charges on such shipments. Wallace v. Cargo, 224 Fed. 993; Davis v. Timmonsville Oil Co., 285 Fed. 470; Hooper-Mankin Fuel Co. v. C. & O. R. Co., 30 Fed. (2d) 500.
2. While a contract of guaranty is distinguishable from a contract of suretyship in that in it the consideration is a benefit flowing to the guarantor (Civil Code (1910), § 3538; Etheridge v. Rawleigh Co., 29 Ga. App. 698, 703, 116 S. E. 903), yet, in some instances a contract will be construed to be one of guaranty although the guarantor receives no consideration other than the benefit flowing to the principal. McKibben v. Luther Williams Banking Co., 32 Ga. App. 419, 429 (123 S. E. 726); Rawleigh Co. v. Salter, 31 Ga. App. 329, 333 (120 S. E. 679); Baggs v. Funderburke, 11 Ga. App. 173, 174 (74 S. E. 937).
3. Any benefit accruing to him who makes the promise, or any loss, trouble, or disadvantage undergone by him to whom it is made, is a sufficient consideration, in the eyes of the law, to sustain an assumpsit. Tomkins v. Philips, 12 Ga. 52; Civil Code (1910), § 4242.
Judgment affirmed.