Sinnige
Sinnige v. Oswald
Opinion
Lead Opinion
At the close of the argument, Sloss, J., delivered the opinion of the court, Shaw, J., and Lawlor, J., concurring.
This cause comes here on an order for a rehearing after decision by the district court of appeal for the second appellate district. That court filed an opinion which states the essential facts, and makes satisfactory disposition of most of the legal questions presented.
From that opinion we quote:
We adopt the foregoing portions of the opinion of the district court of appeal as our opinion on the points thus discussed. Our views on the remaining questions are as follows:
The defendant Furniture Company contends that its contract of guaranty did not extend beyond the sum of one thousand dollars agreed to be paid by the principal as rent under the lease; and that since the evidence shows payment by the lessee of more than one thousand dollars of such rental it follows that the guaranty is fully satisfied.
This contention cannot, we think, be sustained. The lease covered a term of ten years, and contemplated monthly payments during that period. The purpose of the guaranty was to provide the lessor with security for these successive payments of rent. The total rental…