Frudden

Plaintiff furnished groceries to one J. M. Islas and sought to recover the balance due therefor from the defendant corporation. From a judgment in favor of plaintiff, defendant appeals.

Plaintiff based his claim against the defendant corporation upon a written guaranty of the account of said J. M. Islas, which guaranty was executed in the name of the defendant corporation on March 2, 1931, by one J. L. McMahon, an employee of the defendant corporation. This guaranty was revoked in writing by said J. L. McMahon on March 21, 1931, at which time Islas was indebted to plaintiff in the sum of approximately $380. Thereafter plaintiff continued to extend credit to Islas and received payments from him in excess of the balance due at the time of the revocation of the guaranty. Islas failed to pay his account in full and plaintiff brought this action against the defendant corporation.

Plaintiff alleged in his complaint that the defendant executed a “guarantee in writing . . . whereby the defendant agreed to answer for the debt of J. M. Islas . . . ”; that plaintiff thereafter “sold and delivered to said J. M. Islas” merchandise of the value of $1,150.69, of which Islas had paid $530.14,…