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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.

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