Berg

(after stating the facts as above). It is assigned as error that the trial court admitted evidence to show that, about the time of executing the written guaranty, Malpas asked the appellee to execute the same, and that the appellee was given a bill of sale of the logging trucks, and that the understanding was that Malpas, on the sale of those trucks, would reduce the limits of the guaranty by applying the proceeds of the sale thereof. Under this assignment it is urged that the court below erroneously permitted the introduction of parol evidence to vary a written guaranty.

We are unable to follow the reasoning which leads to that conclusion. To us it seems clear that the written guaranty rer mained unaffected by the bill of sale and that the parol testimony had no tendency to alter its terms. It remained, as it was before, the appellee’s undertaking to pay the bank the amount named therein in case of the failure of the logging company to pay it. The only effect of the parol evidence was to show that, before executing the guaranty, the appellee had received from the logging company security to protect him against loss by reason thereof. There is no evidence that he knew that the…