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him.
In accordance with this conclusion, judgment was
rendered against the principal debtor Kelly for the full
amount of the note in suit, with interest, and the action
was dismissed as to Lim. From this judgment plaintiff
appealed and has assigned as error the conclusion of the
trial court with regard to the conditional nature of the
obligation assumed by Lim.
Upon an examination of the document in question it
becomes evident that Lim, as surety, did not undertake
absolutely to pay the sum of P13,749.09, in which the
principal debtor admits himself to be indebted to the
creditor firm. His agreement was limited to respond for the
performance by Kelly of one of the accessory pacts of the
contract evidenced by that document, namely, the
undertaking to deliver to the plaintiff firm the total
proceeds of the sales of the merchandise for the invoice
value of which the promissory note was given.
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