||All England Reporter
|| All ER (D) 195 (Jan)
Judge Rich QC sitting as a judge of the High Court
||Mark Loveday (instructed by Gawor & Co) for the claimant.
||Edward Denehan (instructed by Hardwick Stallards) for the second defendant.
||24 January 2002
Contract - Construction - Liability - Second defendant acting as surety for first defendant - First defendant failing to pay rent under contract - First defendant in breach of repairing and decorating covenants - Whether scope of surety covenant extending liability - Whether surety's guarantee continuing.
In assessing the true construction of a proviso in a surety contract, attached to a leasehold agreement, the court declared that a guarantee made by the second defendant, acting as surety for the first defendant, extended only to the rent together with interest at a proscribed rate until payment, owed by the first defendant.
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