This section contains the nature of the case and procedural background.

Fortier (D) became a surety on a 15-day bond from Sawyer to Hay (P). The conditions of the bond were not complied with, and D was notified and requested to make payment. On February 4, 1915, D’s attorney wrote to the attorney of P that for D it would be a great hardship to pay the entire amount and at the present time as the other signers are worthless, D suggests that she will pay $100 next week and settle the balance before the April term of the court. P accepted the payment terms and told P it was on condition that the balance was received on or before the first Tuesday in April. D paid $100 and no more. P sued after waiting until the first Tuesday in April. D answered the complaint contending that the matter was discontinued without costs and without prejudice.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.