Is a guarantee enforceable in all circumstances?
Ontario, Canada
The following excerpt is from Starrs v. Cosgrave Brewing and Malting Co. of Toronto, 1885 CanLII 21 (ON CA):
The case of Dance v. Girdler, already referred to, is a clear authority that the guarantee cannot, in any other respect, enure to the benefit of the plaintiffs, an incorporated company succeeding to, or taking over the business of the firm.
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