Blume

In an action entitled Blume v. Huntington Mutual Oil Co. the defendants herein signed a bond for the release of certain property taken under attachment. The plaintiff recovered judgment in that action, and not having collected the full amount thereof from the judgment debtor, he brought suit against these defendants on the bond for the balance. At the conclusion of plaintiff’s case defendants submitted a motion for nonsuit, which was denied. The defendants offered no evidence and the judgment went against them. They appeal, assigning several reasons which they claim support their prayer for a reversal of the judgment.

Inasmuch as we think the judgment must be reversed for an obvious error we shall notice it first and then refer but briefly to the other assignments. The error upon which we base the reversal is that the bond does not require that the signers shall pay the judgment or any unsatisfied portion thereof, but that they will “pay to the said plaintiff the full value of the property released, ’ ’ and there is no evidence whatever of the value of the property released. It seems too plain for argument that, there being no evidence on the very basis of the obligation, the…