Wilkinson v. McKimmie - 229 U.S. 590 (1913)
U.S. Supreme Court
Wilkinson v. McKimmie, 229 U.S. 590 (1913)
Wilkinson v. McKimmie
Argued May 1, 1913
Decided June 9, 1913
229 U.S. 590
A court of equity looks to substance, rather than to form. Whether the contract of the principal has been so altered as to discharge the surety is to be decided according to the essentials.
In this case, held that an arrangement as to a reservation in a conveyance
made simply to save expense of reconveyance and which did not alter the position of the principal or his surety was not such a material change as would discharge the surety.
36 App.D.C. 336 affirmed.
The facts, which involve questions of liability of sureties on a bond and what constitutes a variation of contract sufficient to release them, are stated in the opinion.