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139 Minn. 490

Bradshaw v. Sibert

Supreme Court of Minnesota

Decided December 14, 1917

Supreme Court of Minnesota · decided 1917-12-14

After the former appeal reported in 134 Minn. 186, 158 N. W. 830, the case was tried upon stipulated facts before Catherwood, X, who made findings and ordered judgment in favor of plaintiffs for $200.10 and interest. From the judgment entered pursuant to the order for judgment, defendant appealed.

Relies on Bradshaw v. Sibert

Affirmed · Decided 1917-12-14

Per Curiam.

¶1This cause was before the court on a former appeal. 134 Minn. 186, 158 N. W. 830. It was then held that the contract involved in the action was a continuing guaranty, subjecting defendant to liability in the sum of $400. On a second trial of the action the letter referred to in the former opinion was received in addition to the evidence as it appeared on the first appeal. We are of opinion that the letter in no way changes the material facts, or in any way qualifies defendant’s liability as expressed in the written contract, and the former decision is therefore followed as the law of the case.

¶2Judgment affirmed.

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