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LUCKEY v. THORNTON

No. 64-237.

171 So.2d 410 (1965)

Albert B. LUCKEY, Jr., Administrator of the Estate of Albert B. Luckey, Sr., deceased, Appellant, v. James E. THORNTON, Clifford A. Smith and Dodge Incorporated, an Illinois corporation, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 22, 1965.

Attorney(s) appearing for the Case

Richard H. Olsen, Miami, and Eugene W. Sulzberger, Miami Beach, for appellant.

Blackwell, Walker & Gray, and Carey, Terry, Dwyer, Austin, Cole & Stephens, Miami, for appellees.

Before BARKDULL, C.J., and CARROLL and HORTON, JJ.

PER CURIAM.

In an action on a guaranty contract, which was tried without a jury, judgment was entered for the defendant and the plaintiff appealed.

The determinative question is whether the instrument sued on was a guaranty of payment or was a guaranty of collectibility. The former is enforceable without first exercising diligence by proceeding against the principal obligor as required in the case of a guaranty of collectibility.

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