Guaranty Not Rendered Unenforceable by Non-delivery

Facts: A clothing store tenant signed a modification and extension agreement to extend its five-year lease. There had been no guarantor for the original lease, but the owner required the tenant’s principal to guaranty the lease in order to extend it. The modification and extension agreement required that “tenant shall cause its principal to enter into the Guaranty attached hereto and made a part hereof.” The principal signed the modification and extension agreement.

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