How have courts dealt with a breach of a contract of suretyship under seal where a principal has been found to have breached the contract?
Ontario, Canada
The following excerpt is from Starrs v. Cosgrave Brewing and Malting Co. of Toronto, 1885 CanLII 21 (ON CA):
Burgess v. Eve, L.R. 13 Eq. 450 (1872), is constantly referred to. In a contract of suretyship under seal the principal had misconducted himself and the surety sought to be relieved and the employers after notice still retained him. Malins, V.C., released the surety on paying up for all previous defaults.
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