137: Creditor’s forbearance to sue does not discharge surety
The Contract Act · Federal Acts · Chapter VIII · in_force
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Mere forbearance on the part of the creditor to sue the principal debtor or to enforce any other remedy against him does not, in the absence of any provision in the guarantee to the contrary, discharge the surety. Illustration B owes to C a debt guaranteed by A. The debt becomes payable. C does not sue B for a year after the debt has become payable. A is not discharged from his suretyship.
Related sections
136: Surety not discharged when agreement made with third person to give time to principal138: Release of one co-surety does not discharge others135: Discharge of surety when creditor compounds with, gives time to, or agrees not to sue,139: Discharge of surety by creditor’s act or omission impairing surety’s eventual remedy134: Discharge of surety by release or discharge of principal debtor140: Rights of surety on payment or performance
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