Appellate Division of the Supreme Court of the State of New York November 15, 1900 (Beagle v. Cable)

Merwin, J.:

The recovery here is on the theory that Lee <fc Eggleston are liable to the plaintiffs and, therefore, the defendant is liable on his guaranty.

The defendant does not guarantee that Lee & Eggleston should perform their contract. He only guarantees the payment of the saw bill upon the terms and conditions, imposed in the contract.