Ambrose v. Hayes
Ambrose v. Hayes
Opinion of the Court
delivered the opinion of the Court:
The first question raised by the assignments of error relates to the ruling of the court on the objection to the introduction in evidence of the instrument in suit. In the declaration the terms of said lease between the plaintiff and the Strasburgers are set forth. This is followed by an averment substantially in the language of the defendant’s undertaking, and that averment is followed by an averment setting forth various defaults in the payment of rent, aggregating more than the amount of said undertaking. This was sufficient. To interpret this undertaking as the defendant insists it should be interpreted would destroy it. The defendant is entitled to a strict interpretation of his contract of suretyship, but that interpretation must be a reasonable one. Thus interpreted, it is apparent that the defendant promised that in the event of a default of any of the conditions of said lease resulting in damage to the plaintiff, he would make good such damage to the extent of $1,500. In other words, plaintiff was not required to prove a default in (ill the covenants of the lease, but was entitled to recover for a default in any of them.
The second assignment of error deals with the question
It is well established that an extension of time, to amount to- a discharge of the surety, must be under a positive and binding contract between the surety and the principal, upon a valuable consideration, and for a fixed and definite period. Clark v. Gerstley, 26 App. D. C. 205; Hayes v. Wells, 34 Md. 512; Beach v. Zimmerman, 106 Ind. 495, 7 N. E. 237. It is apparent that the testimony upon which the defendant relies to support his plea does not meet these requirements. Defendant’s undertaking contemplated the possibility of rent becoming in arrears to the extent of $1,500, and, under the testimony relied upon, even though viewed in its most favorable light, the plaintiff merely suffered such a condition to develop. In
Judgment affirmed, with costs. Affirmed.
Reference
- Full Case Name
- AMBROSE v. HAYES
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Contracts; Principal and Surety; Consideration; Landlord and Tenant. 1. While a surety is entitled to a strict interpretation of his contract, that interpretation must be a reasonable one. 2. Where, by a contract of suretyship, the surety agrees that in event of the default by lessees in the performance of any of the conditions of a lease, resulting in damage to the lessor, he will make good such damage to the extent of a given sum, it is not necessary for the lessor, in an action against the surety, to prove a default by the lessees in the performance of all the conditions, but he is entitled to recover for a default in any of them. 3. Any definite and binding agreement between a principal and surety, made upon sufficient consideration and without the consent of the surety, which extends the time of payment by the principal, discharges the surety. (Citing Catholic University v. Morse, 32 App. IX C. 195.) 4. A mere request by a lessee to his landlord “to be lenient” in requiring payment ol rent, together with a statement that if the season should be satisfactory a bonus would be paid Mm for the indulgence, even if agreed to by the landlord, will not show such a definite extension of the time of payment of the rent as will discharge the lessee’s surety, who has guaranteed the payment of the rent. • 5. An extension oí time, to amount to a discharge of a surety, must be under a positive and binding contract between the surety and the principal, upon a valuable consideration and for a fixed and definite period. (Citing Clark v. Cerstley, 26 App. D. C. 205.)