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205 Mich. 92

Richard v. Lee

Michigan Supreme Court

Decided April 3, 1919

Michigan Supreme Court · decided 1919-04-03

Assumpsit by Julia B. Richard and another against James E. Lee and others upon a guaranty for the payment of rent. Judgment for plaintiffs on a directed verdict. Defendants bring error. Plaintiffs are devisees and legatees under the last will and testament of William A. Richard, deceásed, who in his lifetime, through his agent, one Kennedy, executed a lease to the interpleaded defendant, the Jackson Cover & Bag Company, covering a certain building in the city of Jackson.

Affirmed · Decided 1919-04-03

Brooke, J.

¶1(after stating the facts). We find ourselves entirely unable to agree with the contention of defendants’ counsel that the liability of the guarantors is limited by the terms of the contract to the first $2,000 of rent accruing thereunder. The primary liability for the payment of the rent was assumed by the lessee. The obligation of the guarantors is not to pay any particular installment of the rent, but to pay: *95“said rent and arrears thereof that may be due and fully satisfy the conditions and provisions of said instrument and to pay all- damages that may accrue by reason of the nonfulfillment thereof.”

¶2No liability fell upon the guarantors until default on the part of the lessee but upon such default the liability of the guarantors attached. The only limitation upon defendants’ liability was that it should in no event exceed the sum of $2,000.

¶3We are of opinion that the writing in question is as plain and unambiguous as language can well make it and quite agree with the construction placed thereon by the learned circuit judge. Being unambiguous, it is elementary that parol evidence may not be introduced to vary its terms. We have examined the authorities cited by counsel for defendants and find that they do not affect the conclusion above stated.

¶4The judgment is affirmed.

Bird, C. J., and Moore, Steere, Fellows, Stone, and Kuhn, JJ., concurred. Ostrander, J., did not sit.
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