BEARDEN v. EBCAP SUPPLY COMPANY

40303.

108 Ga. App. 375 (1963)

133 S.E.2d 62

BEARDEN v. EBCAP SUPPLY COMPANY.

Court of Appeals of Georgia.

Decided September 25, 1963.


Attorney(s) appearing for the Case

Aycock, Ivey & Slotin, Phillip Slotin, for plaintiff in error.

Arnold Shulman, contra.


RUSSELL, Judge.

A contract of guaranty, whether entered into on the same or another instrument as that of the original obligation, whether executed at the same or a different time, and whether or not purporting to be the separate obligation of the signer, must, to be enforceable, show a consideration flowing directly to the guarantor. Code § 103-101. This is because it is a separate contract, and any contract, to be enforceable, must have a consideration...

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