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FAGELSON v. PFISTER ALUMINUM CORP.

40632.

109 Ga. App. 663 (1964)

137 S.E.2d 313

FAGELSON v. PFISTER ALUMINUM CORPORATION.

Court of Appeals of Georgia.

Rehearing Denied May 5, 1964.

Attorney(s) appearing for the Case

Sidney Haskins, for plaintiff in error.

Rose & Lappas, Paul K. Silverman, Hugh A. Wells, contra.

FELTON, Chief Judge.

1. The contract executed by the defendants was one of suretyship, rather than of guaranty, notwithstanding the references therein to such terms as "contract of guaranty," "guarantors," and "guarantee." It is the real intent of the parties and the substance of such an agreement which determine its character rather than its form or nomenclature. Fields v. Willis, 123 Ga. 272, 275-6 (51 SE 280); Moate v. H. L. Green Co.,

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