Craton v. Brock Candy Co.

Court of Appeals of Georgia

Craton v. Brock Candy Co.

141 S.E. 916, 37 Ga. App. 728, 1928 Ga. App. LEXIS 584

CourtCourt of Appeals of Georgia

DecidedFebruary 18, 1928

Docket18164

StatusPublished

Cited by3 cases

This text of 141 S.E. 916 (Craton v. Brock Candy Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Craton v. Brock Candy Co., 141 S.E. 916, 37 Ga. App. 728, 1928 Ga. App. LEXIS 584 (Ga. Ct. App. 1928).

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Opinion

Stephens, J.

1. Brock Candy Company sued Craton upon his promise in writing, which reads as follows: “I will be responsible for W. S. Austin up to $500.00, but not over that amount. I would be glad if you would extend to him that amount of credit.” Construing the promise either as one of suretyship or as a guaranty, it continued until revoked; and although the principal, [729]*729Austin, paid to the plaintiff his entire indebtedness in an amount in excess of $500, which was created as a result of credit extended to him by the plaintiff upon the faith of the defendant’s promise, the defendant is nevertheless liable to the extent of $500 under his continuing promise, unrevoked, for a new and additional indebtedness afterwards created by Austin to the plaintiff. See the ruling in this case on demurrer to the petition, Brock Candy Co. v. Craton, 33 Ga. App. 690 (127 S. E. 619). Under the undisputed evidence the court properly directed a verdict for the plaintiff in the sum of $500.

Judgment affirmed.

Jenkins, P. J., and Bell, J., concur.

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Stephens, J.

1. Brock Candy Company sued Craton upon his promise in writing, which reads as follows: “I will be responsible for W. S. Austin up to $500.00, but not over that amount. I would be glad if you would extend to him that amount of credit.” Construing the promise either as one of suretyship or as a guaranty, it continued until revoked; and although the principal, [729]*729Austin, paid to the plaintiff his entire indebtedness in an amount in excess of $500, which was created as a result of credit extended to him by the plaintiff upon the faith of the defendant’s promise, the defendant is nevertheless liable to the extent of $500 under his continuing promise, unrevoked, for a new and additional indebtedness afterwards created by Austin to the plaintiff. See the ruling in this case on demurrer to the petition, Brock Candy Co. v. Craton, 33 Ga. App. 690 (127 S. E. 619). Under the undisputed evidence the court properly directed a verdict for the plaintiff in the sum of $500.

Judgment affirmed.

Jenkins, P. J., and Bell, J., concur.

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Bluebook (online)

141 S.E. 916, 37 Ga. App. 728, 1928 Ga. App. LEXIS 584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craton-v-brock-candy-co-gactapp-1928.

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