Quinby

This action involves plaintiff’s right to recover $680 from defendant upon his written guaranty that Mrs. Church, as lessee of an apartment house owned by plaintiff, would pay the rental reserved in the lease. Judgment was rendered in favor of defendant, from which plaintiff appeals.

It appears that at the time of the execution of the lease to Mrs. Church the defendant executed a written instrument whereby he guaranteed the performance on her -part of all the covenants contained in the lease, one of which was to pay the rent specified therein. That at the same time and in connection therewith an instrument in writing, designated as “Agreement Collateral to Lease and Guaranty,” to which Mrs. Church, plaintiff, and defendant were all parties, was executed whereby, after reciting the making of the lease, execution of defendant’s guaranty, and contemplation of the parties that the apartment house should at once be furnished, it was agreed that all necessary furniture should be purchased from Barker Brothers under contract of the lessee, at a total price not to exceed ten thousand dollars, one-half of which, not to exceed five thousand dollars, should be advanced and paid by the…