Turton

The action is against defendants as guarantors of a certain lease executed by plaintiffs as lessors and the Morgan Shoe Company, a corporation, as lessees, the premises being situated at No. 801 K. Street, in the city of Sacramento.

The guaranty reads as follows:

The complaint is verified.

Answering the complaint, defendant Shinn denied that he together with the other alleged guarantors “subscribed or delivered to the plaintiffs an agreement guaranteeing the payment of all or any rents or damages that might happen or occur by reason of the failure of the Morgan Shoe Company to pay the said rent,” etc.; averred that defendant affixed his signature to said instrument, and it “was thereupon presented by the Morgan Shoe Company to plaintiff for acceptance”; that plaintiff refused to accept defendant as guarantor and defendant was forthwith notified by said company of said refusal; that said company “thereafter obtained the signatures of said Hooper and Ahern to said instrument as the guarantors of the rents and damages as aforesaid. That plaintiffs accepted the said Hooper and Ahern as the only guarantors of said rents and damages, and plaintiffs ever since said acceptance have…