THE PRINCIPAL'S WARRANTY AND OFFSET CLAIMS AGAINST THE CREDITOR AS DEFENSES TO THE SURETY

Levine, Victor

Journal: Michigan Law Review

Volume: 30

First Page: 197

Year: 1931

Bluebook Citation: 30 MICH. L. REV. 197 (1931)

Author: Victor Levine: all 4 publications


Abstract

When a buyer seeks to purchase goods on credit, the seller often refuses to make the sale unless the buyer procures some third person to become liable for the price; and the seller also exacts the privilege of suing either the buyer or the third person or both in the event that payment is not made on the date the price falls due. In a three-party transaction of this sort, the buyer, after the goods are delivered, is commonly called the principal, the seller the creditor, and the third person the surety.

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