Boral

The instant action is for sums assertedly due under a guaranty of a lease; the faithful performance guaranteed by defendants was not more than $6,000. Plaintiffs were given judgment for $439 and costs; they have appealed. It is contended that the evidence does not support certain key findings of fact and, therefore, the conclusions of law drawn therefrom.

On June 15, 1960, hy an instrument in writing, plaintiffs leased the subject premises to Crystalstone Corporation for a period of two years, commencing that same day. The lessee agreed to pay a total sum of $24,000, payable in installments as follows: $3,000 upon the execution of the lease and the sum of $1,000 per month commencing July 15, 1960, and continuing monthly thereafter on the 15th day of each month for the next consecutive 20 months. The lease further provided that “In the event that Lessee shall not be in default under the terms of said Lease, at the end of the twenty-second (22nd) month of said lease Lessee shall be entitled to remain on the premises for the additional two (2) months without payment of rental.” Two days later (June 17, 1960) defendants executed their limited guaranty agreement.

On January 12, 1961,…