Bagley

This action is brought against the defendants upon their guaranty of a contract made to the plaintiff by one Gould. The contract is as follows:

Prior to the delivery of this contract, and as a part of the same transaction, the defendant subscribed the following guaranty, which was written beneath the contract:

Within ten days after the execution of the foregoing instrument Gould sold and conveyed all his right, title, and interest *606 in and to his business of packing raisins at Malaga, and thereby prevented himself from realizing any profits out of said business. Judgment by default was entered against the defendants, and they have appealed therefrom upon the ground that the complaint fails to state a cause of action.

The contract of the defendants being a part of the same transaction with the contract of Gould, the two instruments make but a single contract on their part. (Hazeltine v. Larco, 7 Cal. 32 .) Their guaranty that Gould would perform his contract was an original undertaldng by them, and their liability as guarantors is commensurate with that of Gould. (Civ. Code, sec. 2808.) Their promise that he would perform his contract “in accordance with the conditions…