The record-union., 1895-12-21
BEN BAILEY'S BONDOMEN MUST PAY.
1t Costs Something Sometimes 10
Help Out Friends.
The Suit to Compel Coolot to Cancel
Bailey's Lease Goes Against
His Bondsmen.

Judge Catlin yesterday rendered his
decision in the case of ]. w. Wilson, t.
A. Snider, R. c. Irvine W. D. Comstock,
J. A. Elder and S. w. Butler against
Anthony Coolot and Benjamin Bailey
and it is in favor of the defendants
The decision is regarded as a very I'M
portant one, owing to the points IN
volved, hence it is given in full IL is
as follows:
On the Sth of October, 1892, defend
ants Coolot and Bailey entered into
contract of lease by which the former
demised to the latter for the term OF
five years at a monthly rental of $50,
payable monthly in advance, certain
hotel at Oh K street of the city OF
Sacramento. The building had not then
been constructed. It was described IN
the lease as that certain house ana
its appurtenanceS hereafter to be con-
structed by the party of the hrst part
on the south side of K street, and I'M
mediately east of Turner Hall, No. 9l4
K street in the city and State aforesaid,
according to plans and specifications
now in the hands of Architect GoodelI
in said city or in substantial comph-
ance Herewith, for the term OF hVe
years commencing when said building
is ready for occupancy and ending hve
years thereafter"
Before entering into this contract to
build hotel and lease it to Bailey,
Coolot required the latter to give sure
ties that he would perform the terms
OF the lease on his part. The lease, haV-
Ing been prepared by CoolOt and Bailey
and signed by Bailey, the latter in the
course of the ensuing three or four days
procured the signatures of the six guar
antors dhe plaintiffs herein) to writ
ten guaranty annexed to the lease IN
the words following:
I'm consideration of the foregoing
lease or agreement and 81 to us in hand
paid, the receipt whereof is hereby
acknowledged, we do hereby covenant,
promise and agree to, and with the said
Anthony Coolot, that the said BenJa-
min Bailey shall we'll and truly pay all
rents and perform and execute all the
covenants therein contained on his
part, and that on his failure to do so
in any particular we will forthwith
pay unto the said Anthony Coolot all
rents that may be due by virtue of this
lease.
Dated and signed on this Sth day of
August, A, D. 1892"
(Signed by defendants Snider, Irvine,
Wilson, Comstock, Elder and Butler)
Bailey then presented the lease and
guaranty to Coolot, who .thereupon
signed the lease, ACKNOWLEDGED it before
a Notary Public and delivered it to
Bailey The lease, the guaranty and
the certificate Of Notary each bear
date of Sth of August, 1892, and
the document thus executed, ac-
knowledged and certified was, at the
request of Coolot, recorded with the
County Recorder May l, 1898.
Coolot Immediately proceeded to con-
struct the building and had it in read
mess for Bailey to enter into full pos
session on 1st February, 1898 at which
time Bailey entered and commenced
paying the rent. The rent was paid up
TO the 1st day of December, 1893.
A months rent, payable in advance,
fell due on the 1st of December, 1893,
and another on the 1st of January, 1894.
On the Sd of January, 1894, Coolot made
demand in writing upon the guarantors
for the two months rent (S45O). On the
9th of January, 1894, the guarantors
(the plaintiffs herein) gave written no
tice to Coolot that. Notwithstanding