Flack

This is an appeal by the defendant from a judgment against him for $2,334.75. The judgment was upon a written guaranty of the indebtedness of the Gate City Oil Company (a corporation in which defendant was a large stockholder) to the plaintiff, which indebtedness arose from the purchase of goods, wares, and merchandise used by the oil company in its business.

The guaranty signed by Flack was as follows:

It appears from the testimony that goods were delivered after the execution of the guaranty, and in payment therefor, the corporation through Flack, its vice-president, and one J. H. Lindsey, its secretary, executed and delivered to the plaintiff a promissory note of the corporation for the amount recovered in this action. The corporation failed to pay its note at maturity, and defendant was sued upon his guaranty. The defendant set up as a defense that he had never legally executed and delivered the guaranty, because, as he alleges, he signed said guaranty upon the express condition that it was not to become operative until it had been signed jointly by W. R. Jacobs, another stockholder of the company. Upon this appeal the defendant urges upon our attention the portions of the…