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EDWARD CORP. OF MIAMI v. DAVID M. WOOLIN & SON, INC.

No. 58-662.

113 So.2d 252 (1959)

EDWARD CORPORATION OF MIAMI, Appellant, v. DAVID M. WOOLIN & SON, INC., Appellee.

District Court of Appeal of Florida. Third District.

June 25, 1959.

Attorney(s) appearing for the Case

Waldo G. Rothenberg, So. Miami, for appellant.

Ross & Reinhardt and Charles R. Tripp, Miami, for appellee.

HORTON, Judge.

This is an appeal from a final judgment dismissing the plaintiff's second amended complaint. The trial judge found the contract sued upon was one of suretyship rather than guaranty, thus requiring the addition of the principal as party-defendant.

The facts, as disclosed by the complaint, reveal that Edward Corporation of Miami refused to deliver goods to Medley Industries without the joinder of the...

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